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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 10 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption