Do I have a case if my husband was prescribed adderall for an off-label use by a doctor who was treating him for an opiod addiction but he became addicted to the adderall?

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Do I have a case if my husband was prescribed adderall for an off-label use by a doctor who was treating him for an opiod addiction but he became addicted to the adderall?

Asked on April 5, 2013 under Malpractice Law, Illinois

Answers:

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

Answered 8 years ago | Contributor

In order to determine whether you have a medical malpractice case, your husband's medical records should be reviewed by another doctor.  If that second doctor writes a report supporting a medical malpractice claim, then proceed with the case.

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).

If the second doctor's report supports a finding of malpractice, prior to filing a lawsuit it may be possible to settle the case with the first doctor's malpractice insurance carrier.  Your husband's claim filed with the malpractice insurance carrier should include his medical bills, medical reports (especially the report from the second doctor) and documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your husband's injury/illness 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 the first doctor's malpractice insurance carrier, NO lawsuit is filed.  If your husband is dissatisfied with settlement offers from the malpractice insurance carrier, he should reject the settlement offers and file a lawsuit for negligence against the first doctor.  If the case is NOT settled with the first doctor's malpractice insurance carrier, your husband will need to file his lawsuit for negligence against the first doctor prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter.


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