Medical Malpractice
I am in California. My spouse went to receive his monthly injection at 8am. He received the wrong one; brixadi 32mg. It is an opioid agonist. He has never used opiates other than what’s been prescribed by his doctors. The provider he saw was filling in for his usual provider.
The clinic called him in a few hours informing him of the accident. He went to the er as per their instruction. He was sent home.
By 2pm he started developing symptoms. He was sweating, sleeping on and off, vomiting where he can’t hold anything down, and slurring. He went back to the er and is hoping to stay the night for monitoring. And the provider called the hospital to request them to keep him (they always send people home).
Is this something we can sue for?
He called a lawyer today (before he got violently ill) and she said they can’t do anything right now, but to talk with his primary and call them back next week.
Does this seem like a winnable case? I want to make them pay him for what they did to him. He keeps saying he’s worried and scared and doesn’t feel right. He doesn’t deserve this.
Thank you.