Do I have a malpractice case?

[bizy2]

I had an infection last month that required
antibiotics. When I picked up my prescription I had a consultation with the Pharmasist who is suppose to tell you everything about the medication. I was told by my dentist that it would interact with my oral contraceptives, so I asked the pharmasist to get a second opinion and thought his opinion would count since that is his profession. Anyways, the pharmasist said no it would not interact with my oral contraceptive. Well it has been over a month and now I think I am pregnant and we really did not want any more children because financially and emotionally (for me) we are not ready. I am going to take a test to find out for sure, but if I am pregnant do I have a case? I feel that even if I can not recover for the costs that will be imposed on my husband and I for another child, I feel that the pharmasist or the company should be aware of the situation because it might save someone else the grief of unwanted children. Unfortunately my conscience and religious belief will not allow for abortion or adoption. This too would cause me great emotional dispair. Please give me some advice on what to do?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by bizy2:
I had an infection last month that required
antibiotics. When I picked up my prescription I had a consultation with the Pharmasist who is suppose to tell you everything about the medication. I was told by my dentist that it would interact with my oral contraceptives, so I asked the pharmasist to get a second opinion and thought his opinion would count since that is his profession. Anyways, the pharmasist said no it would not interact with my oral contraceptive. Well it has been over a month and now I think I am pregnant and we really did not want any more children because financially and emotionally (for me) we are not ready. I am going to take a test to find out for sure, but if I am pregnant do I have a case? I feel that even if I can not recover for the costs that will be imposed on my husband and I for another child, I feel that the pharmasist or the company should be aware of the situation because it might save someone else the grief of unwanted children. Unfortunately my conscience and religious belief will not allow for abortion or adoption. This too would cause me great emotional dispair. Please give me some advice on what to do?<HR></BLOCKQUOTE>

My response:

No, you don't have a case. You should have listened to your treating doctor. He is the one who is intimately knowledgeable about your dental history, and who has knowledge about the medications prescribed. Your dentist told you about the interaction with you contraceptives, but you decided to ignore that and listen to someone else. Once defense counsel finds out about that, it's all over.

Second, you would have an uphill battle trying to overcome the fact that there is no such thing as a contraceptive that is 100%. Perhaps, this time, you were in the 2% category, and no one is at fault.

Third, since you brought up the issue, subjecting yourself to questioning, can you quote for me where, in your religious tenets or the Bible, that you should be a "nonbeliever" in abortion and adoption? If you cannot financially or emotionally handle another child, your child is destined, then, for a difficult life, at best, and placed on welfare (including prenatal and birth cost) and it's wholly unfair to the child. Further, and quite frankly, it's also unfair for us, as taxpayers, because we don't want to pay for your mistake in judgment or your child. Consider your rights to the alternatives, and allow a more financially and emotionally stable set of parents to adopt, because it would be selfish and irresponsible of you, if what you say is true about your financial and emotional nature, to do otherwise.

IAAL

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[bizy2]

Just to let you know I appreciate your advice. Although I am not poor, I do have high hopes for the child I have brought into this world. I do not send her off to let some one else raise her. I work from home and give her all my attention, meaning I have no life other than being a wife and mother. I would never take a dime from the state and probably pay a lot more taxes than most and I have great benefits. I would not want to waste my time asking someone else how my child is doing, and this is just the way I feel everyone is different and I would never tell someone else how to think. If I had to raise another child I know that I could, it would just mean that we may have to sacrifice certain things. We may have to drive a less expensive car or sell our boat, or not take vacations to Europe. I also want to give my daughter all of the attention I can. Having another child at this time would take away from her.
Anyways I will know better in the future to take percautions when on antibiotics. The prescribing physician even told me that there was no interation. I am surprised a dentist knows more than my OBGYN! I listened to them before and had my daughter while on birth control. I am going to find a new Dr. and will never take their advice again.
As far as the religion question I could not remember the verse, but if I get a chance though I am very busy I will try to find it.
The verse says that Jesus knows us in the womb before we are born ask a preacher maybe. I also looked on a website about pregnancy and it was talking about the developement of a child in the first trimester. It said that the facial features are already being developed the first month. To me I would feel guilty, I even tried to convince myself that this soon wouldn't matter, but to me it does!
Luckily I am not pregnant and can still do as planned!
Thanks!

 

[usdeeper]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by bizy2:
Luckily I am not pregnant and can still do as planned!
Thanks!<HR></BLOCKQUOTE>
Then why did you not wait until you knew for sure before wasting peoples time ?.