If my doctor prescribed a medication which led to a hospital stay,can I sue?

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If my doctor prescribed a medication which led to a hospital stay,can I sue?

I was prescribed a medication for the flu 3 years ago. This was after having a history of thyroid gland problems. Before being prescribed , I had half of my thyroid removed. My doctor was aware of this and still prescribed the medication which lead to an excruciating 10 day hospital stay. Do I have any legal recourse in order to receive some sort of compensation?

Asked on April 21, 2011 under Malpractice Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The first issue is whether the doctor was negligent, or unreasonably careless, in prescribing this medication. It's not enough that he knew you had half your thyroid removed; the question is, should he have known, based on the information about this medicine that it could cause a bad reaction. If there was no way toreasonably predict or know, there may be no fault and no liablity.

Also, it must be that the prescription did in fact cause your condition; that means you must be able to prove it.

Third, it may be too late (3 years) to sue; it appears that the medical malpractice statute of limitatios, or time to sue, in Michigan is only 2 years.

Finally, it's not clear that a 10-day hospital stay would provide grounds for enough recovery (money) to make an expensive malpractice suit (you need experts, tests, a lawyer, etc.) worth it.

It's probably worth a consultation with a malpractice attorney, especially if find one who'll give a free initial consultation; but be aware that a claim faces significant obstacles.


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