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My daughter, 3 months old, was overdosed by the nurse practitioner .. can I sue?

San Pedro, CA |

Overdosed, it should have been 1/2 a teaspoon and she was prescribed 1 teaspoon
During her visit they were giving her apple juice and water, later we were told it's not good for babies under 6 mo.

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Attorney answers 4


My hunch is your daughter sustained no real injury.. In short, that is fortunate, but the lack of any real injury means there is no medical malpractice case.

Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm


A personal injury case requires there to be (1) An act of negligence; and (2) An injury that was caused by the act of negligence.

Negligence alone -- that is giving her too much medication or apple juice at too young of an age -- that does NOT cause damage or injury is not actionable.

This answer is for guidance only and is not intended nor does it create an attorney-client relationship.


Can you sue? Yes. Will you win? That depends on whether your daughter suffered any real injury. Thankfully, it appears that is not the case.


A local lawyer would need to order the medical records to review.

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