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Can u sue a Dr?

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carli11 View Drop Down
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  Quote carli11 Quote  Post ReplyReply Direct Link To This Post Topic: Can u sue a Dr?
    Posted: 05/November/2011 at 18:50
Hi,

I was prescribed medication for ADD at age 6, Simply for being to tired to get up, and for not showing an interest in school, This medication i believe has completely ruined my life,
This drug gave me severe ticks, weight gain over 50kg in a few short months, Anxiety and depression, All by age 8.
thanks to this drug i went through school being harassed and bullied by not only students but teachers too.
This has all effected me in the worst ways,
Im now 26 years old, And ive never had a job or done anything, and no matter how much i want things, for some reason i cant do it, i strongly believe this drug caused emotional problems and other issues as a young age, i know im not the only one like this cos ive seen many other people my age who are exactly the same and blame it on this drug.
everything leads back to this drug.
i strongly believe that i did not need this medication when i was a child, nor do i think i have ADD, ive always had sleeping issues, but was given this disgusting drug.

QuoVadis View Drop Down
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  Quote QuoVadis Quote  Post ReplyReply Direct Link To This Post Posted: 05/November/2011 at 19:23
Hi Carli. Have you stopped taking the drug? As a legal forum, rather than one that offers emotional support let me say that it's unlikely that you have a cause of action in relation to this because the doctor, despite the consequences has your best interests at heart.

Today's world is all self help and I hope you can make some sort of go of it. Whilst I'm comfortable in life, I believe I suffer ADD and may even be (almost) an alcoholic because of it. I wish I had the resources to put it all behind me, find a new career and move on. I can't. You're not alone girl.
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MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 05/November/2011 at 19:34
Originally posted by carli11

Can u sue a Dr?


You can sue whomever you like, but more importantly your question should read, 'Can I win the case?'

To successfully sue a doctor you need to not only show that the treatment caused the problem, but that the doctor was negligent in his treatment of you.

You have said that his treatment caused the problems that you have outlined, can you prove that? Is it possible that it may have happened anyway? Can you show that the treatment you received was known to cause these problems in others? Can you prove that your parents, as the responsible adults, were not advised that what happened to you was a possible side effect? Can you locate a medical expert who will testify that the treatment you received was unsafe or inappropriate? If you can answer all these, you may have some chance of success.

There are lawyers who work in the medical negligence area, who may be prepared to take on your case if you can provide answers to the above questions that may help win the case.


EDIT: Sorry posting at the same time.




Edited by MartinO - 05/November/2011 at 19:36
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

QuoVadis View Drop Down
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  Quote QuoVadis Quote  Post ReplyReply Direct Link To This Post Posted: 05/November/2011 at 19:40
Martin hit the nail right on the head Carli. You need to prove negligence AND that the symptoms you suffer right now aren't a cause of something else other than the meds. I still have medical law books on my shelves and update from time to time just to keep abreast. It won't be easy to win something like this. If you can gather a bunch of you together, you might be able to start a representative action (called a class action by the press). With all the hyperbole about doctor's insurance going up over med neg claims, the doctors hardly ever lose.
BSL lawyers: leeches in suits and wigs.
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carli11 View Drop Down
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  Quote carli11 Quote  Post ReplyReply Direct Link To This Post Posted: 05/November/2011 at 20:22
theres heaps of proof that this medication causes ticks, anxiety and depression in young children and later on in life even if they stopped taking the medication after a few years, Also as soon as i stopped taking these pills, my ticks completely went away, to prove my point further, i was recently put on similar pills and, surprise surprise my ticks came back, (i went back on these to see if they would do anything for my depression) these pills are given to young children while there brains are still growing, The dr never once tested me for anything else, i remember clearly complaining about not being able to sleep well at night, yet that seemed to have been ignored, an that was my true problem, i was then put on more drugs to slow down the ticks, Drs seem to assume every child is ADD over the dumbest reasons, this really angers me, because i know these drugs are what have ruined my life, other kids are going to suffer this same way, simply because Drs are drug pushers and dont have time to properly diagnose, Most parents are not told of these side effects, mine were told that this drug wasnt the cause of the ticks, when it clearly was and is,not one person ever took my opinions or feelings into consideration. Also, The school i went to humiliated me over and over again for being on these pills, and categorized me as a dumb hyperactive child just for being on the same medication as someone with ADHD, they had a "special bell" for Only the children who took ritalin to get up in front of the class and take our medication in front of everyone, This to me is cruel and embarrassed us kids, specially those of us who didnt want anyone to know about it.

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 05/November/2011 at 20:53
Carli, you need to talk to a medical/legal person to see if you have a case. There is no one on this forum who can advise any further, none of us have any medical training and only a few of us have any legal training.

Perhaps if you were to contact the Law Society in your state for an indication of who works in the medical/legal area near you, perhaps you could make an appointment with them.

I expect to take on the case they would need a substantial retainer, (many thousands of dollars) although you may be able to get an initial consultation at no charge to ascertain if you have a case and to give you a quote.

As already stated one of the larger legal firms may be prepared to take on a class action if you can come up with a group of people who suffer similar problems with that prescribed medication.

Be aware this is not going to be an easy matter, and this concerns me. You have problems now, and taking on a case like this is going to give you many more problems, including parting with a large sum of money, and with success no certainty.

The result if you are successful will be some sort of payout, but will that payout improve your quality of life?

I do not wish to sound patronising, but perhaps more improvement to your life will be achieved with a visit to a psychologist for some counselling. A call to Lifeline may help you find a psychologist or counselling service in your area, the Lifeline counsellor may even be able to start the process for you.

Whatever happens I wish you all the best, living with a problem like you have I guess is very difficult.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

AsiaOilDude View Drop Down
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Joined: 17/February/2011
Location: Singapore
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 05/November/2011 at 21:04
I am so glad none of that crap was available in PNG when I grew up, nor in Singapore in the main. They would have main lined me on it.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

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