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My doctor prescribed me medication that has started to break down my body. Can I sue him?

San Jose, CA |
Filed under: Medical malpractice

I asked him what the side effects of the drug was and he said did not mention the symptoms that I eventually got which were related to black box warnings. I have read the dangers of the drug and the numerous complaints and cases patients have had with the drug from psychological to physical. I have pain in my joints and muscles and many others report much more serious cumulative damages that follow in the short and long term.

Attorney Answers 3


Yes, but I would have an experienced attorney who handles both malpractice and medical drug products in your area review. Drug cases are very costly and an experienced attorney will be able to best advise you on what course of action to take. Even though there are warnings, there is usually a severe under-reporting of adverse reactions. Only about one out 10 adverse reactions are usually reported by physicians. A severe and permanent injury is usually needed to justify either a malpractice or products case.

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what if the damage doesn't occur until years later? are you saying what he did was malpractice and why?

Josh P Tolin

Josh P Tolin


It depends on the State. Some States have discovery statutes which means from the time you discover the illness or condition. Other States have stricter statutes. That is why you need to speak with a CA licensed attorney. I don't know enough facts nor do I have any records to say whether he committed malpractice. I think you need to discuss with a CA attorney to find out about the Statute of limitations and look into the matter for you. I wish I could be of more help, but with the limited information I have, that is the best advice I can give you.


I concur with my colleague Attorney Tobin. Unless you have a permanent damage to joints and muscles, which is attested to by a physician, you may not want to be engaged in this litigation. Use the time to heal and take care of yourself. Best of luck.

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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A doctor is required to tell you of the risks

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