Can I sue a hospital for giving me birth control that caused another illness?

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Can I sue a hospital for giving me birth control that caused another illness?

My birth control implant gave me Papilledema.

Asked on October 18, 2018 under Malpractice Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

IF you can 1) prove, with medical evidence (e.g. the testimony of reputable doctors who examined you) that the birth control did in fact cause the disease, and 2) you can prove that it was negligent to give you this birth control--that the risks to you so outweighed the gains that a reputable doctor would not have put you on this, or that the risk was common enough that an reputable health care provider would have disclosed it upfront so you could make an informed choice to use this birth control--which also has to be shown by medical evidence/testimony--you could sue. But if you can't prove with medical evidence that the birth control caused the illness, or can't prove either that they should have disclosed this risk or should not have given you this birth control given the risks, the hospital would not be lialbe and you would not have a case.


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