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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


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