Is this case worth pursueing?

[Cmenger1]

Tennessee

My wife received a new prescription for a drug for seisures and migranes for 25mg once a day the pharmacy (walgreens) gave her 100mg pills and marked the label 25mg and she overdosed and was hospitalized stabilized and released the doctor stated that she could get kidney stones and maybe possible further damage and she is not aloud to take the medication anymore till she has another doctors appointment. I contacted corporate walgreens and they said they would pay for her medical expenses and I told them it was blatant medical malpractice and they sounded quite scared stating they would give us anything and every thing we need I was wondering if it's worth pursuing further for compensation she has been sick for three days and says she has a numbness and tingling in her arms since it happend?

 

[AdjunctFL]

Tennessee

I was wondering if it's worth pursuing further for compensation she has been sick for three days and says she has a numbness and tingling in her arms since it happend?

You need to see a local negligence and accidental death attorney for the answer to that question. The initial consultation and advice should be free. Run, don't walk to one, as evidence in such a case tends to change or disappear over time.

 

[Cmenger1]

I have all evidence in my possession I got copies of all procedure and doctor papers from hospital while I was there I have the medication still in a blister pack labeled from walgreens 25mg but sealed 100mg pills as well as all paperwork from walgreens and a receipt stating it is 25mg as well

 

[quincy]

Tennessee

My wife received a new prescription for a drug for seisures and migranes for 25mg once a day the pharmacy (walgreens) gave her 100mg pills and marked the label 25mg and she overdosed and was hospitalized stabilized and released the doctor stated that she could get kidney stones and maybe possible further damage and she is not aloud to take the medication anymore till she has another doctors appointment. I contacted corporate walgreens and they said they would pay for her medical expenses and I told them it was blatant medical malpractice and they sounded quite scared stating they would give us anything and every thing we need I was wondering if it's worth pursuing further for compensation she has been sick for three days and says she has a numbness and tingling in her arms since it happend?

What is the drug that your wife was given?

I think you have the luxury of waiting for your wife's next doctor's appointment before considering any legal action. You will want to know better what your wife's prognosis is from having overdosed on the drug (ie, full recovery? lingering problems?).

Then, before making any firm agreement with Walgreens, you will want to speak to a personal injury attorney or two or three in your area for opinions. It is possible that, with the costs involved in pursuing a legal action, a lawsuit will not make financial sense, this if Walgreens agrees out of court to cover the costs of all medical examinations and treatments for your wife.

But facts matter. Your wife should speak to her doctor first, an attorney second, Walgreens third.

 

[Cmenger1]

OK thank you I have a appointment to meet a malpractice lawyer tomorrow but will look to seek consultation from a couple more as well she has missed 3 days of work from a feeling of "hungover" and sick from it. The drug was trokendi xr it is supposed to be started at 25mg and worked up to a dose equivalent to body weight my wife is 5 foot 1 inch and 115 pounds and received 200mg instead of the 50mg she was prescribed which led to nausea vomiting blood pressure drop to 80/40 lost feelings in arms which she hasn't regained in 3 days severe migrane she hasn't left bed in 3 days says she's is still weak and dizzy she has a doctor's appointment next week but I spoke with her doctor on the phone and he said overdose on that medication will cause kidney stones so she has been chugging water

 

[cbg]

I'm not trying to downplay what happened, not by a long shot.

However, just keep in mind that you can't sue for what might happen in future, only what has. A suit based on the fact that an overdose could cause kidney stones would fail; a suit based on the fact that an overdose did cause kidney stones would have a far greater chance of succeeding.

By all means talk to a few med-mal attorneys (after she talks to her doctor). Just be aware of the potential limitations of filing an immediate suit.

 

[Dave1952]

It sounds as if Walgreens seriously screwed up. It sounds as if they are offering to make your wife "whole". It may be worth your while to consult with a medical malpractice attorney. You do not want to settle until your wife has been seen by her physician and pronounced "back to normal" or that she won't recover.
Your mention of kidney stones isn't clear, is there kidney damage? You also mention some numbness and tingling. Since it's only been 3 days since the overdose, It's possible that these may resolve. If her physician believes that they won't resolve then you should definitely see a lawyer to determine compensation for this event.
Remember that you only have one year to decide to sue. Remember that your wife's health insurer, if any, may won't to be paid for their losses. Your wife will probably not become wealthy over this. You're to be commended for seeking advice in a timely fashion. I expect that others will also offer advice in this forum.
Hope your wife gets better.

 

[Cmenger1]

We are not looking to get wealthy and they already offered full medical compensation till she is deemed completely healthy but compensation for her missed work as well as mine that would not have been missed if she was not overdosed by a pharmacies mistake we are not wealthy by any means she is a cna and I am a garbage truck driver so her missing a week plus possibly and me missing 2 days of work takes away from our lively hood

 

[Dave1952]

You should speak to a lawyer. You don't seem to understand that Walgreens will be glad to pay your wife's missed work and yours. However, if your wife is still bed bound you should hire a nurse and go back to work.

 

[Cmenger1]

I spoke to walgreens corporate on the phone and nothing was said about any further compensation other then medical but I will ask them after I speak to a lawyer and see what he says if walgreens is willing to pay for missed work as well as medical expenses I would be satisfied and hope that they get rid of the pharmacist that did this before the next time they overdose someone it doesn't kill them

 

[quincy]

We are not looking to get wealthy and they already offered full medical compensation till she is deemed completely healthy but compensation for her missed work as well as mine that would not have been missed if she was not overdosed by a pharmacies mistake we are not wealthy by any means she is a cna and I am a garbage truck driver so her missing a week plus possibly and me missing 2 days of work takes away from our lively hood

A pharmacy has a duty of reasonable care to consumers when providing them with the medications as prescribed by their doctors - in the correct doses and in properly labeled bottles. The Walgreens pharmacy/pharmacist/pharmacist-technician appears to have breached this duty, causing harm to your wife.

It does not appear to be a matter of being compensated by Walgreens. From what you have described, it seems that your wife has a legal action to pursue against Walgreens but you say Walgreens has already agreed to pay for at least your wife's medical costs. They are accepting responsibility for the prescription error.

It now becomes mostly a matter of figuring out the compensable damages.

Walgreens is known for trying to settle cases of this sort out of court. This could be because Walgreens has not fared well in court before juries. All medical costs associated with the prescription error, all out-of-pocket expenses incurred as a direct result of the prescription error, pain and suffering, and lost wages are all compensable damages. You will want to save all receipts and keep track of all expenses directly related to the prescription error. Do not lose the bottle with the label indicating the wrong dosage. You will also want to get a copy of the prescription as written by the doctor if available. These can be your chief pieces of evidence.

Unfortunately, prescription errors are not as uncommon as we all would hope. I wish for your wife a full recovery.

Good luck.