Can i sue my doctor for over medicating me?? he caused me to have serious emotional distress, and lost money from missing work

Asked over 1 year ago - Las Vegas, NV

I have been treated by this doctor for over 2 years he treats me for depression, and other issues. In January i went to him and he doubled my dose of Zoloft to 200 mg a day. Then I went to his office at the beginning of march crying and begging to be seen since I was having MAJOR mood swings. I was turned away they refused to see me but i told by my doctors nurse to take another half a pill. that made it 250 mg a day which is 50 over the max dose. I called and his nurse was horrible apparently they believe you can take 300 a day but according to the pharmacy and my health insurance and what i have looked up online the max dose is 200 a day. I fell in to a serious depression missed a lot of work and i want to know if there is anyway i can sue him for emotional and financial losses

Attorney answers (6)

  1. Elizabeth Taylor Herd

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . I am not licensed in your state and can give you only general advice. You do not indicate for how long you took the dosage or when you learned of the max dosage. In any case you are now back to where you originally were. Because medical negligence cases are very expensive to litigate - without permanent catastrophic damages you would likely spend more than you could recover even if your claim is a viable one. Find a new doctor and make sure you get good care.

  2. Richard S. Johnson

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . I agree with Ms. Herd. Unless there are significant damages, it may be difficult to find an attorney to take on your case. You always have the option of reporting the doctor to the state board of medical examiners.

    If you would like a free consultation, call me at 702-823-3333. www.naimidilbeck.com
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Perhaps, but the losses would need to be larger than the thousands in costs to be worthwhile. Have a local med mal lawyer investigate.

  4. Matthew C Simon

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . The only way to know for sure is to get copies of your medical and psychological records and bring them to a local personal injury attorney who handles medical malpractice cases. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  5. Jason Todd Studinski

    Contributor Level 20

    3

    Lawyers agree

    Answered . You may want to consult a local medical malpractice lawyer. This sounds like a difficult case, but a lawyer who reviews your records and talks with you in details will have a better idea about your options. Good luck.

  6. Josh P Tolin

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You can discuss with a local medical malpractice attorney, but as the other attorneys have pointed out, these types of cases are very expensive to pursue, and unless there is a permanent injury, the costs of litigation, may outweigh any potential recovery. Having been hired in Clark County, Nevada on other malpractice cases, the malpractice laws are not plaintiff oriented, and you have to have strong case, to get most local attorneys interested in handling. Best of luck to you.

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