If my daughter was on a prescribed medicine and attempted suicide after being taken off of 4 or 5 days earlier, what are our legal rights or options?

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If my daughter was on a prescribed medicine and attempted suicide after being taken off of 4 or 5 days earlier, what are our legal rights or options?

She overdosed on benedryl.

Asked on March 8, 2015 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In terms of liability, the doctor (who took her off the medicine) would only be potentially liable if it would be medically careless to have taken her off the way he/she did. If a reasonable doctor  would not have thought it careless and if the doctor complied with the recommendations or standards for how you administer and take someone off this medicine, there'd be no liablity.

Even if there was liability, unless your daughter incurred some long-lasting injury or significant medical costs (many thousands of dollars) from her suicide attempt, it would most likely not be worthwhile suing. That's because you can only recover an amount of money equivalent to the injury or costs you suffered/incurred; but at the same time, a medical malpractice suit can be very expensive, since you have to hire a medical expert for the case. You could end up spending more on the lawsuit than you get.


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