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Daughter (30yr)arrested charged w/DUI. No alcohal in her system(00)Police found her multipal precribed meds in car.

Boynton Beach, FL |

She is now jailed(poss 90 days)I need to file a claim against the doctor! She had to drop out of school,has large student loan and is not doing well in jail! How should I begin? I called him (denial, never heard such a thing, etc) should I first send him a demand letter? To put his MMP Insur on notice? I have a criminal defense lawyer for her but he suggests I contact a MP Atny.

Attorney Answers 4

Posted

This question was posted in the DUI defense section. Please repost in the medical malpractice section.

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Posted

All of your answeres were helpful. Reason why I did not post bond...She is not handling jail well also boy friend's persona non grada & could pose a fligh risk for her.

Posted

It's good that she has an attorney because the criminal charges are the priority. I don't know why she is still in jail because she has a right to a bond and it is just a DUI. But I'm not sure what the basis is to sue the doctor. Did the doctor fail to explain that she should not drive or operate heavy machinery while taking the medication? Even if he didn't, the prescription bottle itself carries a warning. What kind of medication is it? Right now, there's not enough information provided to confidently say that your daughter has any basis for a suit.

This is not to be considered legal advice nor does an attorney-client relationship exist.

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Posted

You are going to have a difficult time going after the doctor. If the script was written properly, for a correct diagnosis, and she was informed on proper use, she most likely will not have a case. If she was taking her medication properly, then your lawyer will have a good defense to the criminal case. I would suggest you consult a personal injury lawyer in your area to confirm whether you have a claim.

Gene

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Posted

Sounds like there is more to it and not likely the doctors fault. If she is in their for 90 days story is much bigger that stated. She is entitled to bond in DUI so concentrate on helping your daughter with her decision making processes and not on suing anybody.

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