My doctor did not inform me about the long term side effects of taking a certain medication. Can I sue her?
Question Details:
I have concerns about the long term side effects of the depo shot now that I have read some material about it. Can I take legal action against her for not informing me of the potential of life long side effects resulting from it?
It depends.
Exactly what it depends on are (1) how common are the side effects generally; (2) how severe; (3) how reliable the reporting or data; (4) do you personally have any conditions, etc. which make you more susceptible? Also, (5) have you suffered any injury?
Malpractice is when a doctor violates the accepted standards of medical care. If side effects are not proven, are incredible rare, or have some other reason why it would be acceptable to not mention them, there is no malpractice. For example, there is a great deal of concern about childhood vacinations that is not at all medically supported or proven; therefore, it is not malpractice to not address those concerns.
Also, lawsuits are brought to recover monetary compensation for injuries or losses. No injury, then nothing yet to sue over. If you later suffer injuries, then that would be the time to sue, not before hand.
