Northern Virginia, Virginia Home Blogs Virginia Northern Virginia Medical Malpractice

Topics

On the Road

Major Medical

Protecting Your Family

In the Workplace

Miscellaneous

Can you sue for what might have happened?

Ben Glass
Ben Glass
Attorney
(866) 735-1102 Ext 320
Posted by Ben GlassAugust 22, 2008 5:14 AM
Tags: medical malpractice, pharmacy malpractice, damages
1 CommentPrint ArticleSubscribe

Sometimes potential clients call us and complained that "if they had taken the medication that the pharmacist incorrectly gave them they would have become very sick." Since they did not take the medication because they noticed that it was the wrong pill, they did not get sick. They want to sue the pharmacist for what "might have happened." Is this a case?

The law demands compensation for careless acts that lead to real injury. A jury is not allowed to consider what "might have happened" but can only consider in their verdict damages that they believe actually flowed from the alleged negligence and damages that expert testimony establishes will probably happen in the future. It simply does not matter what "might have happened" had you not been smart enough to figure out that the pharmacist had filled the wrong medication.

1 Comment

Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.

Robyn Chrissinger
Posted by Robyn Chrissinger
September 06, 2008 1:31 AM

I recently took my dog in for a teeth cleaning. The Vet hooked and EKG machine up to him and clamped him too tight and caused two huge lesions on his body as well as a four inch burn from where the cord was laying against his body. Besides suing for all vet bills and court fees is there anything else i can sue him for? malpractice? pain and suffering? missed work?

Comments for this article are closed.

Subscribe to InjuryBoard Northern Virginia

 InjuryBoard Northern Virginia RSS Feeds

Keep up with the latest updates using your favorite RSS reader

Injury Board Northern Virginia is brought to you by Benjamin W. Glass, III & Assoc. PC

Legal Assistance Center

More Info
Benjamin W. Glass, III & Assoc. PC 866-735-1102 Ext 320 www.benglasslaw.com
google
Personal Injury Lawyers Serving: Alexandria, Annandale, Arlington, Burke, Centreville, Fairfax, Fairfax County, Falls Church, Fredericksburg, Haymarket, Lorton, Manassas, McLean, Oakton, Prince William County, Reston, Spotsylvania County, Springfield, Vienna, Woodbridge
3915 Old Lee HighwaySuite 22-B, Fairfax, Virginia 22030 [ Show Map ]
Better Business Bureau Accredited Business Confidential

Your question will be referred to an attorney near you. If your question is of a legal nature, then by submitting this form you agree you are not forming a formal attorney / client relationship. Read our full privacy policy.

Looking for an InjuryBoard attorney closer to home? Click here.

Additional Resources

Subscribe to Blog Updates

Enter your email address if you would like to receive email notifications when comments are made on this post.

Email address

Blog Archives

View previous posts from:

Interesting Links

Popular Tags

Defensive Medicine Fire In The Operating Room Hulk Hogan lawsuit Medical Malpractice Surgery Malpractice Tort Reform Virginia Virginia Birth Injury Fund Virginia Board Of Medicine Virginia Cap On Damages

Regional Blogs

Find an InjuryBoard Blog in your area: