Can I file a personal & emotional injury case against a pyschiatrist for overmedicating?For over 1 year, I continually advised my pschiatrist I was still depressed. He continually elavated my anti-depressants. I finally attempted suicide by mutilation. I also did horrendous acts has caused severe financial and emotional damage. I lost custody of my 9 year old daughter, my fiance of 4 years, my job, and my stability. I also developed fibromyalgia on both arms and my lower extremeties. My daughter states she cannot look at me without me covering my arms up. She says her stomach turns when she sees my scars. I hate looking at my arms. I cannot wear dresses or shirt sleeves. Now, that I am not taking those medications, I think more clearly. But emotionally, it is devasting what all I have done. I suffer from regret, shame, and instability from my acts. Do I have a case? Attorney answers (3)
The answer depends on what damages your state allows for medical negligence cases. As a Florida attorney, I am not familiar with the elements of damages for med-neg cases in Texas, or wherever the medical negligence occurred. Consult a med-neg / med-mal attorney in the jurisdiction where the doctor practices to inquire about the elements of damages that can be claimed.
Dennis Phillips, Esq. www.inawreck.com. Negligence is no "accident" (TM) Member: Million Dollar Advocates Forum, Mensa, Florida Bar, American Association for Justice, Florida Justice Association, Palm Beach County Justice Association, Broward County Justice Association
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Just getting a medical malpractice case filed in Texas is not easy. You will have to have another qualified medical expert review the care and treatment you received and determine if the care fell below the standard of care. I would suggest you contact a personal injury attorney who specializes in psychiatric malpractice in your area to further pursue your claim as soon as possible.
I would be happy to review your case from both a medical negligence and a product liability standpoint. While there are caps which limit your recovery in a medical malpractice setting, those caps may not apply if there is a claim against the drug manufacturer. My firm handles both of these types of cases, with offices in Houston and Richmond, Texas.
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