What is my legal recourse if my doctor’s treatment caused convulsions that cause the disks in my upper back and neck to bulge?

I never had a seizure that I am aware of, nor convulsions. After a month into treatment for Lyme which I have had for a long time, my doctor switched my protocol and what started as tremors, grew into convulsions. After having severe whiplash everyday for 2 months, I got an MRI that showed bulged disks in my upper back. After stopping treatment cold turkey, I have not had convulsions or tremors since. My husband and I believe my treatment was the cause, hence why my husband pulled me from treatment. Also, I was broadcasted on a promotion of his on a local news station without consent. I am very upset by this considering I do not condone how he approaches treatment. It was humiliating coming into the clinic the next day and having another patient inform me that I was on the news and seeing the clip that was aired the night before of me having convulsions. The doctor is reckless and overdosed me many times. I think he may even be on drugs. He is the only doctor at the clinic and is only on site 45-60% of the business hours. He even had nurses writing out prescriptions I know they didn’t call and get permission to write. He needs to have his license taken. Can I sue for the injuries?

Asked on July 22, 2017 under Malpractice Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There are two different issues here:
1) The doctor seems to be engaging in unprofessional and unethical behavior (the nurses writing prescriptions; the lack of doctor coverage at his clinic; the broadcast without consent; etc.). You can report this to the state medical licensing board and file a complaint; he may face disciplinary action.
2) If you have *medical evidence*--not just your opinion, since you, as a layperson, cannot render a qualified opinion as to medical issues and treatment--that the treatment you received caused you injuries and that the treatment was inappropriate (i.e. that a reasonable competent doctor would not have ordered this treatment), then this may be malpractice and you may be entitled to compensation for your injuries, such as for medical costs you thereby incurred, lost wages due to the injury (if any), possibly and amount for "pain and suffering." The key is, there must be some medical basis for thinking the treatment was wrong and caused the harm. If you have any such medical basis (e.g. you have heard from other doctors that what was done was incorrect or could have caused your problems), then you may have a case and should consult with a medical malpractice attorney; as stated, though, unless and until there is some medical basis for thinking this, there is no case.


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