Visitor Question

Doctor and Pharmacist Error…

Submitted By: Crystal (Yadkinville, NC, USA)

My daughter (8 years old) was attacked by a dog. I rushed her to the emergency room. The doctor at the ER sewed my daughter’s leg up with 27 stitches and then prescribed her some antibiotics to fight off any infection caused by the dog bite.

The pharmacist gave her the wrong antibiotic but told me it would work just fine. Two days later my daughter had an infection going all the way up and down her leg. Her primary care doctor told us that the infection was caused by the ER doctor sewing it up and the pharmacist not giving her the right medicine.

Our doctor told us to go to another hospital quickly because the infection was progressing fast. I want something done about this. I’m not sure if the doctor or the pharmacist are to blame, or both, but it’s not right that my daughter has this infection. What can be done?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Crystal,

From the facts you present it doesn’t appear the doctor did anything which might be considered negligent. It appears the first doctor stitched your daughter’s leg and prescribed the appropriate antibiotics.

In the alternative, if the pharmacist improperly filled the primary doctor’s prescription, the pharmacist may be liable for acting negligently. You though may be partially liable under the theory of contributory negligence.

Unfortunately North Carolina is one of the few states following the contributory negligence doctrine. This means even the slightest contribution of negligence may be sufficient to have your daughter’s claim denied, or your case dismissed in court.

Because of the circumstances surrounding your daughter’s claim and the severity of her injuries you really need the advice and counsel of an experienced personal injury attorney. Most won’t charge for an initial office consultation. And you most likely won’t have to pay any legal fees until and unless your attorneys succeeds in settling your daughter’s claim or winning it at trial.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 4, 2013

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