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Is this something worth pursuing?

Los Angeles, CA |

My Doctor prescribed 3x the medication to me. While at the hospital, I suffered a seizure walking down a flight of stairs. As a result, I was sent to ICU and received four stitches for my head. I had also torn my knee ligament. My doctor said, "I prescribe you too much medication... I'm sorry." I ended up staying 2 weeks in ICU.

Attorney Answers 7


  1. You need to prove that the over prescribed medication was a cause of your fall. Direct links between medications and falls can be quite difficult to prove. It appears that you have not suffered any type of permanent injury, so it could be hard finding an attorney to take your case just for past medical bills and a potential limited amount of pain and suffering.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  2. You need to discuss your case with a medical malpractice attorney. If appropriate, the attorney will send copies of pertinent medical records to an expert for review. It is difficult to tell from a posting like this whether you have a valid cause of action.

    This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.


  3. Assuming a direct connection between the medication over-script and the seizure/fall injury, you might technically have a case. But your damage model is very limited. These cases are very expensive to pursue, like tens of thousands of dollars. You more litigating the claim than you would ever see in a recovery after costs and attorney fees.


  4. The best answer we can give is "Probably". You need to be able to prove that it was the medication that caused you to fall, and people fall for lots of reasons. You need to contact a medical malpractice attorney in California to discuss this, and do so immediately.


  5. You may contact a medical malpractice attorney to learn the full scope of your rights. Consultations should be free. Speaking to medical malpractice attorneys is the best way to learn the relative strengths of any case you may have against the allegedly negligent doctor.

    To prove medical malpractice, you need to show the medical provider in question was negligent and caused your injuries. One of the most important forms of evidence in medical malpractice cases is expert opinion. Expert testimony is very expensive, so usually, most medical malpractice attorneys would offer to handle an injured victim’s case if the injury was relatively significant, if the medical bills and any loss of earnings were large enough, and if the prospective client had suffered significant pain and suffering. If these factors are not present, the cost of prosecuting a medical malpractice case coupled with the chances of success if the case went to trial might make prosecuting the case relatively unfeasible.

    Still, you should discuss these facts with an experienced medical malpractice attorney.

    Given the description of your injuries, you may have a case worth pursuing. I hope you heal up well and soon!

    No attorney-client relationship is created through the exchange of information on Avvo.com. The information provided by Jacob Regar is not legal advice, and should not be treated as such. You must not rely on the information on this website (including Jacob Regar's response to your question). Do not use Jacob Regar's answer as an alternative to legal advice from your attorney. If you have any specific questions about any legal matter you should consult your attorney. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website. This website contains general information about legal matters. The legal information on this website is provided "as is" without any representations or warranties, express or implied. Jacob Regar and Barry Regar A Professional Law Corporation makes no representations or warranties in relation to the legal information on this website.


  6. You should speak to a medical Malpractice lawyer immedieatly. Medical Malpractice claims have very strict statutes of limitations which means if you don't file a lawsuit within a certain amount of days of the injury, you will be barred from bringing the lawsuit which means you wont be able to file the lawsuit because you waited too long. And with medical malpractice,there are certain notice requirements even before you file the lawsuit which means you have to move fast. So because of that you should call a malpractice atoorney IMMEDIATELY.


  7. I am happy to consult with you further on your case. Please be advised, medical malpractice has a very short statute of limitations, so do not hesitate to call me for a free consultation.

    Ajay Kwatra

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