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Can I sue for something that happened years ago?
Im 21, male, and i live in the state of Texas. When I was around 5-6 years old I was misdiagnosed with autism. I discovered that it was a wrong diagnosis when I was a teenager around 14 years old.
As a child I was given risperdol by my psychiatrist as a medication to "calm me down". Because of the diagnosis I was placed in regular classes with special ed accomodations. Even though it was confirmed that I was not autistic the special ed dept did not release me until I was a junior in high school.
5 Answers
- delive_ranceLv 76 years ago
As a young boy of 5-6 y/o your parents didn't bother to have a second opinion on your case? They just believe the doctor who diagnosed you as having autism? So now at 21 after 15 long years you want to sue the doctor who prescribed the medication you took? How did you discovered this by your own diagnostic approach, you are now a doctor? What is your proof that you have no autism tendency? Why didn't your parents file a sue when you were 14 y/o against the psychiatrist that prescribed those medicine? Why only now? So the question also, if the school administration knew that you were not autistic why did they place you on a special education accommodation? So you are planning to sue both the school and the psychiatrist for this? What is your parents say to all of this? None. You were still a child during that time, I think your parents has a lot to say about your case. So where are they in all of this? They should be the one pursuing this case not you. But here you are wanting to file a sue against all the people concern, what do you want money out of this? You were not damage in any way, so what is the law suit for? The psychiatrist that your parents consulted in the past 15 years might be dead by now did you know that? The school will obviously deny your case, and believe that you were autistic during those years. So what grounds are you going to stand against all of them after 15 years. That is a long, long time ago.
- YetiLv 76 years ago
In this particular case, you should probably look into it. You almost certainly should not have been given Risperdal regardless of diagnosis.
"On November 4, 2013, Johnson & Johnson agreed to resolve criminal and civil investigations into the marketing of Risperdal and other widely-prescribed medications by paying over $2.2 billion, one of the largest penalties ever levied against a company for healthcare fraud. According to the agreement, J&J’s Janssen division will plead guilty to misbranding Risperdal for unapproved uses, as well as for paying kickbacks to physicians and to Omnicare Inc., the largest pharmacy for nursing homes."
You may have greater difficulty proving your psychiatrist gave a substandard diagnosis, given the way the entire field has patterns of recklessly "diagnosing" things like bipolar, ADHD, and autism.
Source(s): http://www.risperdalclassaction.com/ - MPLv 46 years ago
what exactly would you be suing for? You can sue anybody for anything at anytime. Just make sure it's legit and you got verifiable evidence to back up your gripe, otherwise you could end up being in hot water for wasting the court's time with a frivolous lawsuit
- ?Lv 76 years ago
No, you cannot sue for that.
You got the accommodations that you needed to develop. You did so well that you think you were never autistic. You can't sue for that. Their plan was a success.
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- 6 years ago
Most states have civil liberties lawyers that will not cost you. you might want to check with them for a foothold about laws-----some have a time element involved concerning action. Yours probably will not, considering your circumstances. Good luck!!