Malpractice Lawsuit for Fertility Issue?

Question

I was prescribed Testim for low testosterone while being treated for back issues at a pain clinic. The head doctor prescribed it after a basic lab without saying anything about infertility. Meanwhile, my wife and I have been trying for a baby. My current doctor told me that the Testim most likely caused a low sperm count. I have had 2 sperm counts done and my sperm count is too low to preform the test. Is this a case where a medical malpractice suit may be an option? The prescribing doctor worked in a pain clinic so he probably had no idea what he was doing. At this point adoption is something we would want since we can't have a child and I have massive debt built up from 3 back surgeries.

Update:

Actually, now that you said it, the doctor did know that we were trying for a child. I'm not sure if this counts but we had a brief conversation about children. He asked if I had any and I told him that we are trying. I also did ask about the side effects and he did not mention the reliance on the testosterone or the lower sperm count.

Educated · Accepted Answer

You need to ask your doctor if stopping the testim will improve your sperm count and if there is anything else that can improve your sperm count. You cannot win a lawsuit if it is a temporary side effect of the drug.
You might be fine if you stop taking the testim (speak to the doctor before stopping). And if there are warning labels on the medication or the flyer the pharmacy gave you (attached to the bag in small print) then you have no case.

If this is a permanent side effect then you would need to consult a personal injury lawyer about this issue.

hotwheels122287 · Answer

no, its not a medical malpractice lawsuit unless you asked specific questions such as
" what are the side effects"  or " what are negative complications that can come from taking this medication."  etc.

as a patient it is your responsibility to ask questions before you agree to take new medication.  but you cant base a medical malpractice simply because you decided to take medication given to you without getting proper information....

malpractice is when a doctor knowingly does something that he knows could potentially harm his/her patient.  if he did not know that you and your wife were trying to get pregnant he would not have known the harm....

edit: ok, well then the next part of this is proving that you did tell the doctor that you were trying to conceive, AND prove that the doctor had any prior knowledge that there might be a complication with the medication and your sperm count.  (if the risks of this happening are minimal he may have not known or may have not thought you were going to be at risk... i only say these things and ask these questions because malpractice cases are HARD to prove

? · Answer

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Malpractice Lawsuit for Fertility Issue?

3 Answers