What to do about a medication that resulted in injury to my son?

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What to do about a medication that resulted in injury to my son?

My 5 year old son’s doctor gave him the wrong meds. My was admitted into a mental health center to get him stable. He was on the medication prescribed by his psychiatrist. The medication was not for treatment of his primary diagnosis and therefore ineffective. I’ve talked to the doctor about it numerous times and all he did was raise the dosage instead of trying something else. Since being taken off the medication, he has developed a tick. Do I have a case?

Asked on April 19, 2012 under Malpractice Law, Florida

Answers:

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

Answered 9 years ago | Contributor

It would be advisable to have your son evaluated by another doctor to get a second opinion.  If that second doctor concludes that the first doctor's treatment was negligent, you could proceed with a case for malpractice against the first doctor.  You should obtain your son's medical records for the second doctor to evaluate.  If the second doctor's conclusion supports a finding of malpractice, obtain your son's medical bills from both doctors and the medical report from the second doctor supporting a finding of medical malpractice. Prior to filing a lawsuit for negligence (negligence is malpractice) against the first doctor, it may be possible to settle the case with the first doctor's malpractice insurance carrier.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your son's condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the malpractice insurnance carrier, reject the settlement offers and file a lawsuit on behalf of your son for negligence against the first doctor.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because a minor cannot file a lawsuit.  If the case is NOT settled with the malpractice insurance carrier, you will need to file your son's lawsuit prior to the expiration of the applicable statute of limitations or your son will lose his rights in the matter forever.


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