Is this something worth pursuing?

Asked about 2 years ago - 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. Paul Y. Lee

    Contributor Level 18

    5

    Lawyers agree

    1

    Answered . 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... more
  2. Gregory Lynn Johnson

    Contributor Level 7

    4

    Lawyers agree

    Answered . 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.

  3. Jacob Adam Regar

    Contributor Level 16

    4

    Lawyers agree

    Answered . 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... more
  4. David J. McCormick

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  5. Kevin Andrew Lipeles

    Contributor Level 3

    2

    Lawyers agree

    Answered . 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.

  6. Ajay Mohan Kwatra

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . 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

  7. Marc Edward Stewart

    Contributor Level 16

    3

    Lawyers agree

    Answered . 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.

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