I cannot stop taking premarin despite the research of complications. Am I a victim of malpractice?
Landover, MD
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Posted 4 months ago in Medical Malpractice
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I was started on premarin at the age of 46 as a precursor to menopause because the physician determined it would be a good tool to prevent heart disease which is prevalent in my family. (Both parents died of heart failure in their 50's). I am now 63, and unable to stop taking the premarin without having extreme hot flashes, night sweats, day sweats, and overall embarrsing clothes drenching sweat episodes. I have tried all other menopause over the counter drugs to no avail. I was not informed of the permanent negative effects of the premarin except what was in the reseach about possible breast cancer. I was also told that the benefits would outweigh the negative. Do I have legal recourse? I was told I must be on premarin the rest of my life despite the negative effects. Is this malpractice?
Answers (1)Elizabeth Taylor Herd
This attorney is licensed in Florida and 1 other state.
Posted 4 months ago.
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I am not licensed in MD and can offer you only general advice. In a medical negligence claim you must prove first, that some act of a medical provider fell below the standard of care. The essence of the practice of medicine involves weighing the risks and making reasoned decisions. It sounds to me like the choice made in your case was a judgment call and not one for which you would be successful in finding a like provider who would testify that this provider fell below the standard of care. In the long run, a jury would ikely believe that dealing with hot flashes is a lot better than not making it to the age of 63.
I am not telling you that you do not have a claim. You should call a local lawyer to get his specific advice. Betsey Herd Tampa, Florida |