Medical malpractice
i was wanting to see if this constitutes as Medical malpractice in California.
My uncle was diagnosed with cancer, had a fairly long stay at the hospital. he was given targeted therapy pills to treat him , and his condition started improving, all the lesions had a positive response on the imaging, he was regaining his energy, no longer in pain, appetite returning to normal, gained function of his leg. he was transfered to a nursing/rehab facility to recieve physical therapy. his medication from
the hospital was transfered with him, with instructions. 2 weeks later they send the cancer medication back to his home because the nursing facilities pharmacy had recieved thier own supply while he was staying there.
About 3 weeks in he had more scans done that showed a few new lesions which had the oncologist puzzled, they asked us if he has been taking his medication, the nursing facility confirmed he was.
upon his discharge recently we noticed the remaining medication they sent home with him had the wrong doseage on the label. It was half of the theraputic dose that the oncologist had prescribed. The doctor at the nursing facility did not have authorization from the prescribing oncologist to change the dose. and after speaking with the oncologist and filling him in on what occured, he attributed the progression of disease to taking inadequate dose of his medication.
after speaking with the administrators at the nursing facility they admitted the supervising nurse had messed up and put in the order with the wrong doseage and offered an apology.
this has resulted in deterioration of his condition, also needing additional radiation, and possible resistance to his treatment , and delaying the other treatment he was supposed to recieve.
this wasnt caught by the nursing facility Doctor, nurse or pharmacist who filled the order. We have documentation of the error.
we were also suspicous if they stole the other half of the medication because its very expensive (30k+ for a months worth) and are following up trying to figure that out.