can i file malpractice because my doctor never told me i had mitral valve prolapse?

my doctor was treating me for A-Fib,when i got my hospital records i found out i have mitral valve prolapse.he has been treating me for 4 years and never told me this.there are certain medications i cannot take with this condition.the drug he was giving me[pacerone]is not FDA approved for A-Fib and i should not have been taking it because of my MVP.Ihave experienced several side effects from this drug including impaired vision.Iam now seeing another doctor who has changed my medication.can a doctor withhold information from a patient about the diagnosis?can he prescribe a drug that is not FDA approved for the condition he was treating for?thank you for any advice you can give me.
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Answers (2)

Robert Sterling Guest

Robert Sterling Guest Avvo Pro

Contributor Level 5
My limited knowledge of personal injury/med mal cases tells me that a good PI claim needs liability, damages, and an ability to pay by the defendant. You should speak with an experienced PI lawyer to judge the merits of your claim. Every PI lawyer I know offers a free consultation.

I have an office in Kaufman, but I don't take med mal cases. I know some local PI attorneys if you need a referral.
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Jason Eric Kipness

Jason Eric Kipness

Contributor Level 7
In order to have a malpractice claim in Texas you need to show, through the testimony of another doctor, that your doctor did not practice medicine with the "standard of care" and this failue was the cause of some injury and you sustained damages such as inability to work; medical bills, need for futue medical care; impairment, disfigurement or pain.

Has your new doctor said you sustained any injuries from the care from your prior doctor (i.e. impaired vision)? It is not malpractice for a doctor to use a medication for a condition that is not approved by the FDA. This is known is "off label" use.

For more information, visit the link below for information on Texas medical malpractice cases.

Good luck.

Jason
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