What can I do if I was prescribed a medication that I did not need and suffered an injury as a result?

UPDATED: Jan 29, 2015

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What can I do if I was prescribed a medication that I did not need and suffered an injury as a result?

Last year, like most Americans, I purchased health insurance and switched doctors because my doctor of 20 years did not take my insurance. I went to my new doctor in March for a cough I could not shake, and was diagnosed with congestive heart failure and prescribed a medication. After 2 months, I was finally able to see a cardiologist who told me that my heart was perfect. Now I have recently lost most of the hearing in my left ear,and have found out the medication I was prescribed can cause hearing loss. What proof would I need to move forward with a legal case?

Asked on January 29, 2015 under Malpractice Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You need:

1) Medical evidence, such as expert testimony from a doctor who has examined you, that the medicine caused your hearing loss; you cannot rely on general information about possible side effects, but rather need expert testimony that in THIS case the medicine caused the loss. This establishes the causal link to your injury.

2) Medical evidence, such expert testimony from your new cardiologist, that a) you did not have congestive heart failure and b) that a reasonable doctor would not have diagnosed you with congestive heart failure--this is to show that the doctor who proscribed the medicine was negligent.

3) Medical testimony about the extent of your hearing loss, its prognosis for improvement (if any) or even worsening, etc. This is to show how much you've been injured.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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