If my doctor took me off of medications and it caused a mild heart attack, can I sue?

I have been on pain medication for suspected MS and anxiety medication for

unspecified angina and panic disorder for about 20 years. My doctor stopped

these medications and did not taper off. I had a cardiac episode and was

hospitalized for 3 days. I called to get refills on my medication and he will not provide them until he sees me in 2 months. This is not the first time he has denied my medications.

Asked on September 13, 2016 under Malpractice Law, West Virginia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit against the doctor, it may be possible to settle the case with the doctor's malpractice insurance carrier.  Obtain your medical bills, medical reports, and documentation of wage loss caused by the "cardiac episode". Your medical malpractice claim filed with the doctor's  malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document your "cardiac episode" and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the doctor.
If the case is NOT settled, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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