Can I sue my doctor if they put me on a drg that has done permnnet damage?

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Can I sue my doctor if they put me on a drg that has done permnnet damage?

My doctor wanted me to try the a medication for sleep. Then 3 weeks after being on it, I developed sores around my tongue from putting the drug under the it like the doctor said to do. It’s been a year now and I still have sores on my tong. I have tried everything, been to dentists and 3 MD”s. They decided to send me to a specialist who told me that the the rug has done permanent damage to my tongue and I would have to live with the sores the rest of my life. Do I have a case here?

Asked on August 16, 2012 under Malpractice Law, Iowa

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

You could sue the doctor for negligence and could have additional causes of action (claims) in your lawsuit against the manufacturer of the drug for negligence and strict liability.

Negligence on the part of the manufacturer of the drug is the failure to exercise due care (that degree of care that a reasonable manufacturer would have exercised under the same or similar circumstances to produce a product that is not defective).

Strict liability on the part of the manufacturer is liability imposed whether or not due care was exercised.

Prior to filing your lawsuit against the doctor and the drug manufacturer, it may be possible to settle the case with the malpractice insurance carrier for the doctor and the insurance carrier for the drug company. Your claim filed with both insurance carriers should include the medical bills, medical reports and documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement. If the case is settled with both insurance carriers, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file your lawsuit.  If the case is settled with neither insurance carrier, name both doctor and drug manufacturer as defendants in your lawsuit.  If the case is settled with one insurance carrier, but not both, only name the party with whom the case has not settled as a defendant in your lawsuit.  If the case is NOT settled, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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