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I have grounds to file a medical malpracitce law suit against a local doctor. Your answers are arrpeciated.?
Last January 2013 to went to a doctor for unwanted weight loss of about 10 pounds. She wrote out a prescription which I immediately took to my pharmacy. They explained this drug was now sold over the counter so I purchased it and began take it 3 times a day as instructed by the physician. This medicine caused severe stomach pain and vomiting when I ate and I continued to become even sicker. Within about four months I had lost 27 pounds and gone from a size 10 to size 0. My hair and eyelashes fell out in patches leaving bald spots and my fingernails and toenails were soft and wax-like.
I am retired and this is the first time I have ever been ill.
Please help me find a good lawyer to file a medical malpractice suit against this doctor. Thank you.
7 Answers
- SapientLv 78 years agoFavorite Answer
If you had serious side effects, you had the responsibility to quit taking the drug and consult the doctor. Most people don't have serious side effects when they take approved medicines. That's one of the things that takes so long to get medicines approved, is to make sure what side effects occur, and what other medicines the drug might interact with.
Since you kept taking the drug even after you had side effects and didn't seek medical help, you contributed significantly to any harm. You won't win a lawsuit, and a lawyer will take this case only if you are going to pay by the hour, the lawyer won't take this case on a contingency basis. The thing is, the doctor did NOT contribute malpractice if she recommended a drug which usually works, but which you had a reaction to. She had no way of knowing that YOU would have a bad reaction to it, unless you told her, and apparently you didn't.
- LILLLv 78 years ago
You have no case. It was YOUR choice to buy an over the counter drug rather than the prescription. OTC drugs are less potent and are not the same as the prescription. Also, the first thing the judge would ask you is...why you continued the drug for 4 months without contacting your doctor about your side effects.
- raffertyLv 78 years ago
Why did you continue to take the medication?
I don't see medical malpractice here - possibly a claim against the drug manufacturer, but even then not necessarily.
When you went back to the doctor with the severe stomach pain, vomiting, massive weight loss etc, what did she suggest?
- JOELv 68 years ago
Simple question, why did you continue to take something that seemed to be hurting you for four months? Did you not go back to the doctor and ask about what was going on so the doctor could give you something else. I think you are to blame so I would not waste my money or time on something a good lawyer will laugh at
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- BatmanLv 68 years ago
If those arent in the list of side-effects, you could possibly sue... the drug manufacturer.
If the doc prescribed medication in good faith there isnt much you can do.
- HereticLv 78 years ago
Malpractice is frequently hard to prove. No doubt the doctor will claim that you are doing something detrimental to your health, or he didn't perform the appropriate testing. I wish you luck, mine prescribed antidepressants for pain which made me incredibly irritable so I quit taking them. Then for cholesterol he prescribed high dose niacin, which put me in shock 15 minutes after taking it. He claimed it was a reaction with something else I was taking! My advice, file a lawsuit!