No, you cannot sue. You have no claim against anyone. If you meant to ask if your father can sue, a medical malpractice suit requires an expert medical opinion that your father's doctor was negligent. Being told by several doctors who have not reviewed all the facts and information is not sufficient. You and your father will need to see a lawyer who specializes in medical malpractice, which will be clear from the website and profile (not just a lawyer who solicits you here, or claims to do any kind of personal injury, slip & fall, real estate, etc.).
Your father is able to sue if another doctor will essentially testify that the order taking him off of plavix was a breach of the standard of care that caused the issues you discuss- basically that the doctor did something a reasonable doctor wouldn't have under similar circumstances.
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It is my sincere hope that your father is able to restore some of his prior health. Yes your father may have a claim especially if a relationship exists between the kind of stroke he had and his development of clots. He may even have needed t,o be ut on a stronger medication such as Coumadin. Contact a local lawyer to have your claim reviewed.
I hope your father is doing better. Your father could have a claim against the doctor, but it is impossible to answer this question on this forum. Plavix is a blood thinner, and most people who have had a heart attack or have significant arterial blockage end up needing to be on some sort of blood thinner from that point going forward. It's important to understand that there are many different blood thinners out there, and based upon your father's specific condition, the doctor may have switched him from Plavix to something else. Having said that. it's troubling that your father had a stroke - Plavix is designed to prevent strokes. The fact that he had 2 strokes is extremely suspicious.
At the end of the day Mr. Phillips is exactly right - a medical malpractice claim in Georgia can only survive if a physician of a similar specialty is willing to state under oath that your father's doctor did something that a reasonable physician would not do. The only way to know whether your father's doctor did something a reasonable physician would not (meaning he breached the standard of care) is to have an experienced Medical Malpractice attorney review your father's medical records. Assuming the doctor in question is a cardiologist, we would have one of our cardiologists review your father's lab work and his records and give an opinion as to whether or not your father's doctor behaved appropriately.
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The other attorneys are correct that the claim does not belong to you, but to your father. It is possible he has a claim. We are looking into a similar claim right now where a man who had a prior heart attack was taken off Plavix for 14 days by a surgeon prior to undergoing surgery. He suffered a heart attack post operatively before re-starting the Plavix. In that case, the treating cardiologist apparently told our client he should only have been taken off Plavix for 3 days. I haven't met with the cardiologist yet but will attempt to do so and also locate an independent expert to determine what the standard of care is with respect to Plavix.
In Georgia in order to file a claim for medical malpractice, an individual in the same line of practice as the potentially negligent doctor would need to review your father's records and be willing to sign an affidavit that the doctor was negligent. Please keep in mind that in Georgia, generally a medical malpractice claim must be filed within 2 years of the date your father suffered injury after being removed from the Plavix (assuming that was negligent).
If your father is interested in pursuing this claim, I would recommend he consult with an attorney who handles medical malpractice claims in your area. There are lots of good attorneys registered on this website.
I hope that with treatment, your father is able to regain some function.
Kimberly W. Grant
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