Do I have a personal injury case if my current doctor's treatment is not working on me?

I am on dialysis and I was given these 2 drugs that are now into cause hearing loss in patients. Especially if they'd have damaged kidneys and impaired hearing. I had both. I had a kidney/pancreas transplant both lost those earlier this year because I was sick. So what kidney function I had was like 5 percent. My hearing was also compromised I was deaf in my right ear since 2003 so I only had what was left in my left ear. I wore a hearing aid. I was given gentomycin and vancomycin. Together they will damage the inner hairs of the ear. I woke up on May 16th and I couldn't hear a thing. My walking is also messed up, everything goes up and down. Doesn't bother me when I sit. Anyway, someone was negligent, some should have checked. My regular doctor doesn't cover the dialysis clinic; there are 2 other doctors there. I found out I wasn’t just given this once but at least twice. It was obvious my kidneys weren’t working, and they knew I wore a hearing aid and that I was deaf in my right ear already. Why would they do this knowing I only had my one ear?
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Answered By: Andrew T. Velonis, P.C.
In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. So, to really get a good answer, you would need to round up all or your medical records, have them examined by a lawyer, who would in turn engage a doctor as an expert witness, and then determine it there was a failure to conform to accepted medical practice and whether it is worth pursuing.

Answer Applies to: New York
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jared Altman
I can't answer why they did what they did. But, to look into this further you will need to get copies of all relevant medical records and speak to a medical malpractice attorney.

Answer Applies to: New York
Replied: 9/23/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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