Sue childrens hospital for overdose

Asked about 4 years ago - Covington, KY

my kid was overdosed on 400 mg of keppra on july 17th of 09. by childrens hospitle in ohio. they will not make a appt to check her for brain damge. it caused alot of brain problems. i tryed over 10 lawyers in ky. they all said it would cost to much to sue childrens so i need to find a lawyer and see if i have a case.

Attorney answers (2)

  1. Andrew Daniel Myers

    Contributor Level 20

    Answered . Your first priority is to see to it that your son has the proper care on an ongoing basis. Once you are certain that he is getting the proper treatment, then think about looking back at what has happened in the past. You might ask one of the new doctors their opinion as to the past care. My guess, and that's all it is, is that if over 10 lawyers have said "no case", for whatever reason, then they may be right.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

  2. Jeffrey A. Mitchell

    Pro

    Contributor Level 9

    Answered . I agree with Mr. Meyers that your first priority is to take care of your child. This drug, which is used to treat seizures does have age guidelines depending on the type of seizure that is being treated. Has any of the healthcare providers told you that your child's ongoing brain issues are related to the overdose? If not, you may want to ask a pharmacologist about this drug. it does have many side effects.

    I presume that the 10 other lawyers who reviewed this case looked at the records to determine the extent of the overdose compared to your child's height and weight and medical condition. If they were qualified medical malpractice attorneys, then I agree that others would agree with them.

    My suggestion is for you to ask any subsequent healthcare provider (preferably a neurologist or neurosurgeon) about the link between the overdose and the subsequent problems. If your child's existing medical condition was not substantially made worse by the overdose, then the cost of pursuing this matter would not make it worthwhile.

    Remember in medical malpractice cases, there not only needs to be negligence, but substantial and permanent damages directly caused by that negligence. I hope your child gets well soon.

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