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.
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.
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.
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