Two things in medical malpractice cases (Tort)
1 You must prove negligence
2 You must prove that harm was done

Note that the cost of restoring the individual back to their original state is what the Judge would try to establish to award you.
One area that would be of interest to the Judge would be the question of Standard of Care. Now the Judge would ask an expert witness whether that same prescription is what another Doctor, with same level of expertise and training in pediatric medicine would have
prescribed for your baby. If the answer turns out to be no, then the Doctor has failed in his responsibility to Duty ( this is negligence but non-intentional negligence).
Do you have the prescription order paper? Compare it with the cream you have, is it different?
In the absence of market dose of a particular medication, Doctors could use their knowledge of drugs to prescribe alternative doses of medication.

Nigga sue their ass till they bleed so that’d be more careful next time.

Alexaonfleek:
Well I dunno much about legal stuffs but will the hospital be guilty because of it?
I mean,it's not like you've used it yet.
I guess you should go to another hospital(government preferably) and treat it.

It's an attempted attempt due to negligence. Let me consult my law book.

SolarEdge:
We noticed some rash in our 4 months old baby's sex organ which I perceived is a reaction from her diapers, we took her to the hospital for checkup and they recommended anti fungal cream to be applied and instructed that we don't wear her diapers for now while we apply the cream.

While waiting at the hospital pharmacy I noticed the attendant was taking longer time to attend to me, because the doctor had already written to them what they should give to me with my baby's file in front of the attendant. The attendant still asked how old is the baby I said 4 months. She was just giving excuses that she's coming that I should be patient, so I sat down.

After some time she brought the cream and some drugs. We left and got home very late last night, so my wife suggested my baby should start the drugs by morning but we should apply the cream given to us and we did not wear our baby diaper as instructed.

So this morning my wife decided to read through the leaflet in each of the drugs including the cream. To our greatest surprise the cream was strictly meant for adults and it was categorically stated it should not be used for children under age 18

Now, I'm wondering why would the hospital pharmacy attendant give us such cream. Is it that the prescribed cream wasn't available that was why she was going to and fro like the devil described in the book of Job in the Holy Bible.

Please what's your advise on this matter, is it a careless mistake or it was a deliberate act.

You don't know how drugs work that's why you're displaying your ignorance online.

Sue them and waste your money on lawyers and court case.

Let me just pity your ignorance and enlighten you a bit.

Sometimes what you read on the drug leaflet can be misleading if you're not a health professional.

Take for instance the drug called Sildenafil is used to treat erectile dysfunction and of course they will put it on the drug label that it should be used only by adults. But the same drug is used in the hospital to treat NEWBORNS for pulmonary hypertension, and it's the same one the adults use for erection only that you will need a pharmacist to help you reconstitute it to give you a lower dose.


So if your doctor prescribes such a drug for your child that has pulmonary hypertension, that's the same way you will come here and be saying doctors are trying to give your baby an unrelenting erection.

Next time, if you don't understand something, go back to the doctor and find out, it's only if he can't give you a reasonable reason that you can start threatening.


If you're not lying TELL US THE NAME OF THE CREAM

joyandfaith:


what is name of cream? if you have good evidences, use them.

I wonder o, which cream can be made strictly for adults in the hospital. Op is lying.

Most topical anti fungal, anti bacterial, anti inflammatory creams can be used by children and adults. Only pregnant women have certain restrictions.

Op is lying, if not he should tell us the name of the cream

d33types:


My friend, what's the name of the antifungal cream which can not be used in under 18? There is none I know of

Let me help you before you enter a lost suit.

Abi o, he's a liar

SolarEdge:
We noticed some rash in our 4 months old baby's sex organ which I perceived is a reaction from her diapers, we took her to the hospital for checkup and they recommended anti fungal cream to be applied and instructed that we don't wear her diapers for now while we apply the cream.

While waiting at the hospital pharmacy I noticed the attendant was taking longer time to attend to me, because the doctor had already written to them what they should give to me with my baby's file in front of the attendant. The attendant still asked how old is the baby I said 4 months. She was just giving excuses that she's coming that I should be patient, so I sat down.

After some time she brought the cream and some drugs. We left and got home very late last night, so my wife suggested my baby should start the drugs by morning but we should apply the cream given to us and we did not wear our baby diaper as instructed.

So this morning my wife decided to read through the leaflet in each of the drugs including the cream. To our greatest surprise the cream was strictly meant for adults and it was categorically stated it should not be used for children under age 18

Now, I'm wondering why would the hospital pharmacy attendant give us such cream. Is it that the prescribed cream wasn't available that was why she was going to and fro like the devil described in the book of Job in the Holy Bible.

Please what's your advise on this matter, is it a careless mistake or it was a deliberate act.

SUDOCREM has been saving parents from diaper rash for ages.

Very save to use for treatment of diaper rash. Its soothes, heals and protects the child from further outbreaks.

Apply around her genitals and on her butts during every diaper change and please change her diaper often.

The rash will disappear sooner than you anticipate. Best of luck

paulolee:
good...u can sure them if thats ur best option because our hospitals jus keep failing us...ur story gave me memories of wat happened 5yrs bk on the 27th of may...sori if its a bit long and i'm derailing bt jus felt lyk sharing...
....it was on a rainy afternoon n i was on my way back home from a cyber café after finished printing some of my results and other documents that may be needed when i travel to continue my studies because i jus got admission in a state uni bk den and suddenly i heard a loud bang behind and was shocked when i turned and saw a kid between 5-7yrs of age lieing on the floor unconsiously on the other side of the road n he was knocked while tryin to cross the road by a dark blue camry that also swerved and parked casually near a nepa poll n almost hit the poll bt it didnt...immediately i rushed to d kid n saw him in a pool of blood n deep cut on his head bt he was still moving his hands n feet..d driver also came around n a few people gathered bcoz the street was scanty n they suggested we rushed him to a nearby private hospital around apapa syd...we did so using the guy's car n wen we got thier they accepted the kid n did stop the bleeding n dress d wound n gave him painkillers n sleeping pills after the guy av paid 5k n de asked for 45k to begin treatment dt they nid to do some scanning n stitching...d guy said he dat less cash on him n same with me n we pleaded they begin treatment n we go get d kid parents n come bk with d cash...we bk to d scene n asked every one abt the kids parents n nobody seems to kno him around n we dnt av time, d guy suggested dt i add moni to his n we pay n save his life n wen the kid is alright we can trace him n i get my refund bk n i agreed...i transferred 15k out of my 20k dt av saved for my acceptance fee n we headed to d hospital n he said he would see d doctor in his office n do a transfer to d doc or d hospital acc while me i went to check on the boy only to find out dt that idiot ran away with d money not tinking abt d life of the child( people ar really heartless)...d doc said d only option is to go get d boys parent bcoz of the financial issue n i went bk searching n finally saw his sister dt av came looking for him after his delay on d mssg dey sent him n togeda wit his dad we rush bk to d hospital bt d boy had passed on due to internal bleeding n complications...was very angry n i cried badly n very sad, down n depressed all through dt year bcoz so many tinz happened after dt may27th dt changed by life..
.1..cnt stop tinking dt d world just lose a young life bcoz of anoda human selfishness n made me to jus hate life itself..
2...lost dt admission bcoz i cudnt comeup wit dt 15k in d space of a month, was down n always indoors all days crying n even aving night mares wen i do sleep..
3...d worst is dt d boy parents n some peps also blamed me 4 his death 4 dier stupid reasons n i jus stop helping people even if u are in d point of death..
continue to r.i.p young bayo..i kno u left in a harsh way bt i kno you would be enjoying d afterlife....dis world is full of wickedness...

jagaban002:
Take am easy no sue them because of cream , they may be a mistake and no one is above That .

Mistake with life's.I beg sue them

go on and do it if you can

Oh

Stop using the cream and don't rush to file a suit against the hospital. Approach the hospital management and tell them their mistake, please speak to your doctor too.

paulolee:
good...u can sure them if thats ur best option because our hospitals jus keep failing us...ur story gave me memories of wat happened 5yrs bk on the 27th of may...sori if its a bit long and i'm derailing bt jus felt lyk sharing...
....it was on a rainy afternoon n i was on my way back home from a cyber café after finished printing some of my results and other documents that may be needed when i travel to continue my studies because i jus got admission in a state uni bk den and suddenly i heard a loud bang behind and was shocked when i turned and saw a kid between 5-7yrs of age lieing on the floor unconsiously on the other side of the road n he was knocked while tryin to cross the road by a dark blue camry that also swerved and parked casually near a nepa poll n almost hit the poll bt it didnt...immediately i rushed to d kid n saw him in a pool of blood n deep cut on his head bt he was still moving his hands n feet..d driver also came around n a few people gathered bcoz the street was scanty n they suggested we rushed him to a nearby private hospital around apapa syd...we did so using the guy's car n wen we got thier they accepted the kid n did stop the bleeding n dress d wound n gave him painkillers n sleeping pills after the guy av paid 5k n de asked for 45k to begin treatment dt they nid to do some scanning n stitching...d guy said he dat less cash on him n same with me n we pleaded they begin treatment n we go get d kid parents n come bk with d cash...we bk to d scene n asked every one abt the kids parents n nobody seems to kno him around n we dnt av time, d guy suggested dt i add moni to his n we pay n save his life n wen the kid is alright we can trace him n i get my refund bk n i agreed...i transferred 15k out of my 20k dt av saved for my acceptance fee n we headed to d hospital n he said he would see d doctor in his office n do a transfer to d doc or d hospital acc while me i went to check on the boy only to find out dt that idiot ran away with d money not tinking abt d life of the child( people ar really heartless)...d doc said d only option is to go get d boys parent bcoz of the financial issue n i went bk searching n finally saw his sister dt av came looking for him after his delay on d mssg dey sent him n togeda wit his dad we rush bk to d hospital bt d boy had passed on due to internal bleeding n complications...was very angry n i cried badly n very sad, down n depressed all through dt year bcoz so many tinz happened after dt may27th dt changed by life..
.1..cnt stop tinking dt d world just lose a young life bcoz of anoda human selfishness n made me to jus hate life itself..
2...lost dt admission bcoz i cudnt comeup wit dt 15k in d space of a month, was down n always indoors all days crying n even aving night mares wen i do sleep..
3...d worst is dt d boy parents n some peps also blamed me 4 his death 4 dier stupid reasons n i jus stop helping people even if u are in d point of death..
continue to r.i.p young bayo..i kno u left in a harsh way bt i kno you would be enjoying d afterlife....dis world is full of wickedness...

bro, this story gave me goosebumps. Please don't let that event stop you from doing good. I'm sure you later got admission and you are doing better now than in 2015. God will definitely reward your kind deeds and as for that wicked man, he will meet his own trouble
someday. God bless you

netmillionaires:


It shouldn't take more than a week to flush out the guy with this simple detail. The Nigerian Police are just annoying bunch of people.

u can say dt again...bt we don de used to dier rubbish na..

TallNigerian:
bro, this story gave me goosebumps. Please don't let that event stop you from doing good. I'm sure you later got admission and you are doing better now than in 2015. God will definitely reward your kind deeds and as for that wicked man, he will meet his own trouble
someday. God bless you

yup i got admission d next year n am currently hustling in skul b4 d lockdown n tinz are better now even if its not dt easy....as for dt man i jus assume he is dead bcoz i cnt imagine him being among d living

Alexaonfleek:
Well I dunno much about legal stuffs but will the hospital be guilty because of it?
I mean,it's not like you've used it yet.
I guess you should go to another hospital(government preferably) and treat it.

God bless the day you are born,with wisdom.What is your legal ground as many above could not offer options in a situation like this.
Is your wife a Medical Personnel?
Did you try the drug and it did not work,of course you saw' strictly for adults'.
Did you draw the attention of the Hospital to it,especially the Dr that prescribed the drug?.
Much as I will not support indolence or carelessness,i want you to learn from my own experience:
about two years ago I was battling with pain in my eyes,serious scratching.i now went to a private hospital and discussed with a Consultant.After twenty minutes,he came up with a drug I know that for ears and I queried him.He just smiled with a response' what you people don't know is that what affect your eyes also affects the throats and ears! within two days the whole thing disappeared! So don't just conclude and may be the children's version is out of stock but you need to be counsel and everything explained to you in a simple way.

paulolee:

yup i got admission d next year n am currently hustling in skul b4 d lockdown n tinz are better now even if its not dt easy....as for dt man i jus assume he is dead bcoz i cnt imagine him being among d living

I'm glad that you have moved on pretty well.....I sent you a PM

jagaban002:
Take am easy no sue them because of cream , they may be a mistake and no one is above That .

That it is a mistake is even a major reason to sue them. Such mistake can cause them their licence. They may even be willing to sharply do out of court settlement in such case.

Don't waste your hard earned money on a employing the services of a lawyer because the court will require that you prove the harm done to your baby. You can't establish that negligence whatsoever, thank God you haven't used the cream.

[what are saying? Are you kidding me mistake kwa quote author=jagaban002 post=89900344]Take am easy no sue them because of cream , they may be a mistake and no one is above That . [/quote]

Op, u will end up messing urself....
You read leaflet. Isn't it.
The cream is an anti fungal cream and it was written that it should be used for children less than 18. They weren't referring to the cream but the tablet. The same leaflet is what is placed into the drug pack be it cream or tab.
Calm down before making the biggest mistake ever.
I know this cos I'm a practicing pharmacist.

SolarEdge:
We noticed some rash in our 4 months old baby's sex organ which I perceived is a reaction from her diapers, we took her to the hospital for checkup and they recommended anti fungal cream to be applied and instructed that we don't wear her diapers for now while we apply the cream.

While waiting at the hospital pharmacy I noticed the attendant was taking longer time to attend to me, because the doctor had already written to them what they should give to me with my baby's file in front of the attendant. The attendant still asked how old is the baby I said 4 months. She was just giving excuses that she's coming that I should be patient, so I sat down.

After some time she brought the cream and some drugs. We left and got home very late last night, so my wife suggested my baby should start the drugs by morning but we should apply the cream given to us and we did not wear our baby diaper as instructed.

So this morning my wife decided to read through the leaflet in each of the drugs including the cream. To our greatest surprise the cream was strictly meant for adults and it was categorically stated it should not be used for children under age 18

Now, I'm wondering why would the hospital pharmacy attendant give us such cream. Is it that the prescribed cream wasn't available that was why she was going to and fro like the devil described in the book of Job in the Holy Bible.

Please what's your advise on this matter, is it a careless mistake or it was a deliberate act.

Should you decide to sue, ponder over the following:

Will you be ready financially for a possible protracted legal battle?

How do you know it was the wrong prescription for your child? Do you have the doctor's prescription bearing the name, age and sex of your child, the hospital's name and your child's hospital number, the doctor's full names, his designation and signature?

Do you have a witness who saw you with the doctor? Who also saw the doctor write and sign the prescription and who followed you to the pharmacy and witnessed you receive the prescription from the Pharmacist?

Are you sure you read through the leaflet very well and completely understood what were written therein?

Has there been any bodily harm done to your child that is directly attributable to the cream? If yes, did you see the side effect on the leaflet that you claimed to have read and completely understood?

Can you remember the exact time you saw the doctor with your baby? (This should be similar to what the doctor must have documented in the case note)?

Bros if your answers to the above are in the affirmative, then get your lawyer and get going.

If you don't have answers to them, then go back to the doctor and seek for further explanations instead of coming online here to seek for legal advice instead going to see a Lawyer (or are you afraid of his bills)

Doctors can make mistakes in their prescription and dosing regimen, the Pharmacist can call his attention to it. They are humans. However some mistakes are not allowable in clinical practice.

There is a difference between medical malpractice and negligence

Your own story is fair. Remember wen I was still in Nigeria, in 2018, my heavily pregnant wife was given drugs meant for another patient at SAFEWAY hospital at sangotedo area after abraham adesanya roundabout in Lagos state. Fear private hospitals on the island. Dey are always after your money.

seborrhic:

Even steroidal creams are used in infants.
Precaution is only advised.
Till now he has refused to tell anyone the name of the cream.
He thinks he is dealing with illiterates here.

Exactly. As harmful as steroids can be ,it can be used for infants.

But this your moniker, I'm sure you're a dermatologist. greetings

Ningen:


There's no excuse here.
It's not just a cream. It's wrongful medication.

And they should be held accountable for their negligent action to prevent future deadly errors.

Suing them will save “countless” lives.

This is Nigeria, the op would just be wasting his resources pursuing a case that would yield nothing

Court matter in naija is who knows who ohh

I know a case where everything wasn't in favor of the defendant and they should get serious punishment, all it took was one evening outing between the judge and the lawyer and the matter took another turn in favor of the defendant

As doctors we should also learn to communicate and document our communication. If the doctor had explained to the Op the reason for his treatment (assuming what the Op said is true) the Op wouldn't have been worried as he is.

I have once had a reason to prescribe a drug used for contraception to a teenager who is non-sexually active for menstrual irregularities, I explained to her what and why I'm giving her the drug and I requested to see and explain to her mother before releasing the prescription to her.

After my explanation the woman was more than happy before leaving my consulting room. We should form the habit of talking to and with our patients.

As patients too, you have the right to know the type of treatment is being given to you and the right to reject it if you are not satisfied by the doctor's explanation. The doctor also has a right not to treat you as a patient under certain circumstances.

Communicate your documentation and document your communication.

bolaayenimo:
That's how one gave my daughter Amoxil tablet meant for adult. Sue them!

Sorry.But amoxil don't come in tablet form

Ningen:


There's no excuse here.
It's not just a cream. It's wrongful medication.

And they should be held accountable for their negligent action to prevent future deadly errors.

Suing them will save “countless” lives.

Antifungal cream isn’t going to kill anyone. Potency might be different, but it isn’t going to kill the baby

twise4242:
[what are saying? Are you kidding me mistake kwa quote author=jagaban002 post=89900344]Take am easy no sue them because of cream , they may be a mistake and no one is above That .

What’s the prove or evidence of the damage the cream has done , and sueing them will take a lot of money and if he lose at the end of the day he will pay for damage again . When giving someone advice think of both positive and negative the money he’s using to start a case that’s not sure of winning he should use it for the sick kid and mind u am not kidding if is me I will let go since I know if I start a case and later lose that’s another damage so Always think

TallNigerian:
I'm glad that you have moved on pretty well.....I sent you a PM

kk bt m sori i can't get to c dt p.m bcoz i gat problem wit d email i opened d accout wit..if u nid any details abt d hospital or abt d parents of d kid or abt me..d name is paul n dis my watsap details..09078734101...just add me up n we chat or give me a call and would give you the details you seek or u tell me wat u wana say...m expecting ur reply...tanks