This did not happen to me, but I was curious about whether a doctor could be found to have committed medical malpractice if his prescription was so messy that there was an error in filling it, like the wrong drug or too much of it. I got a prescription the other day from a dermatologist that was unbelievably messy. What do you think?
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Editor's Response
Possibly. Any act or omission on the part of a doctor that satisfies the elements of a medical malpractice claim under Massachusetts law could be actionable. And if injury and damages result, the doctor could be required to pay damages to the injured part. A claim might also arise against the pharmacist. If he or she can not read the prescription, he should call the doctor's office for clarification. If he simply guesses (incorrectly) what the doctor prescribed, that would be negligence. Recently, I notice most of my doctors use computerized systems to write prescriptions and send them directly to pharmacist. Probably a good thing, considering the penmanship problem your question raises.