Articles Posted in Medical Malpractice (Health Care Liability)

My doctor gave me a prescription.  I took it to my local pharmacy and got it filled.  I took the medicine for three days, twice a day, just like the doctor said when I passed out and hit my head on the kitchen table.  I woke up in the hospital two days later with a horrible headache and 15 stitches on my head.  It turns out that rather than give me 50 mg. pills like the doctor ordered the pharmacy gave me 500 mg pills.   My doctor said that this medicine built-up in me and caused me to pass out.   He said that if I would have taken those bigger pills for a couple more days I would have died.   Can I sue the pharmacy?

Yes, if you can prove that the prescription was for 50 mg. and it was filled at 500 mg. the pharmacist committed a clear error.  It will be important to get a copy of the original prescription form and make sure that it clearly called for only 50 mg. pills.

You will also have to prove that taking the extra-high dose caused to you pass-out and hit your head.  A medical doctor will have to testify about this.

How many medical malpractice trials are there per year in Tennessee?

The Tennessee Jury Verdict Reporter gathers this data. For the 12-month period ending November 30, 2009, there were 32 medical malpractice trials in the state of Tennessee. The patient won nine cases and the health care providers won 23.

Davidson County (Nashville) had seven of those trials.   Shelby County (Memphis) had five. In each county the providers won one more case than the patients.

1. What is a medical malpractice case?

Answer: Cases for injuries caused by a medical provider during the course of providing medical treatment are called medical malpractice cases. There are many different fact situations which can form the basis of a claim. The injury may be the result of something the medical provider did such as performing surgery on the wrong arm or leg. Or the injury may be caused by the medical provider’s failure to provide appropriate medical care or make a timely diagnosis. Medical malpractice claims may include claims against doctors, nurses, hospitals, nursing homes, pharmacies, home health agencies, and other types of health providers.

2. What is the deadline for filing a medical malpractice case in Tennessee?

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