DoI have a case against my doctor if he gave memedicine to stop smoking butI have epilepsy and it gave me a seizure?

He never told me that would be a side effect?

Asked on November 28, 2011 under Malpractice Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the medicine was one known to have this side effect generally, he may have committed malpractice; or if it was known to have this side effect on those with epilepsy, and he knew you had epilepsy, that could be malpractice. On the other hand, if seizures were not a known side effect of this medication (either generally, or for those with epilepsy), or they were a side effect for people with epilepsy, but this doctor did not know of your epilepsy, then there would be no malpractice.

Also, bear in mind that malpractice lawsuits are very expensive--you have expert witnesses, tests, legal fees, etc.--and you can only sue for an amount commensurate with your injuries and out-of-pocket costs. If you were fortunately enough to not suffer significant injuries or lasting effects, and did not incur much medical costs, it would not be worthwhile to sue.


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