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Can I hold my primary care physician responsible under medical malpractice or negligence for prescribing me meds I don't need?

Buffalo, NY |

I was given a positive cardiac stress test and immediately put on a strict robust list of medications for my heart/ blood pressure/ chest pains, turns out the stress test was a false positive and the cardiologist sent an email to my primary care physician who was the prescribing doctor and the PCP neglected to read or inform me of the false positive for nearly 9 months, meanwhile my PCP increased the dosage of one of the drugs (without consulting my cardiologist, because if PCP had, doctor would've been told to stop all drugs immediately, since cardiologist sent email to PCP 2 months prior, stating stop all prescriptions) and all the while, I was asking for news monthly and requesting a follow up appointment with cardiologist, never happened.

Damages: inability to stay awake for more than a few hours everyday for nearly a year. General feeling of sickness. Light headed upon standing or attempting to walk. Temporary kidney damage, according to recent blood panel, kidney function back within normal range. Chronic Liver damage being reviewed by endocrinologist extent of damage TBD. 10-20 incidents daily of chest pain while on medications. This has just ceased due to my actions as of 6 weeks ago and I am trying to get the meds out of me and back to homeostasis. Still experiencing chest pains (1-2 per day) that haven't been diagnosed yet, but I am seeking help from an outside cardiologist and should get results back within 10 days.

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Attorney answers 5


If you sustained injuries, you can certainly have a Buffalo malpractice lawyer investigate. If no injuries, a lawsuit would be fruitless


You don't describe any injuries in your post. If you were injured, you could file suit, but if you were not injured, you do not have a valid claim. Contact an attorney, schedule a consultation and take a copy of your medical chart with you the the consultation.

The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.



thank you for pointing that out, In my haste I overlooked the obvious. My biggest complaint is the fear of death and depression caused by improper treatment and lack of proper diagnosis, and generally being told to reduce stress and quitting my job due to news from PCP and becoming complacent and lethargic for nearly a year. Thank you everyone for the quick responses.


Do you have any damages?

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You do not have a claim unless you have damages. If you have damages, consult with an experienced local lawyer to evaluate your claim.


Honestly, it is difficult to impossble to answer the above question without further facts. Basically, so you know, to succeed in an action for medical malpractice, four elements or conditions must be met. Note these are the same as an action for negligence, except the "breach" and "causation" elements (2 of 4 necessary) are difficult to analyze without a full review of the medicarecords. Regardless, the following conditions must be met:

1. Duty - A physician-patiet relationship must exist to create a duty on behalf of defendant-physician. In your case, more likely than not, as the doc was your PCP this is likely met.

2.Breach - The physician must have breached the above duty of care by deviating from geneally accepted medical practice by either act or omission.

3. Causation The Breach must cause or lead to the damages

4.Damages - unless the meds led to a legally recognizable damage (pain and suffering is an example) the PCP cannot be held responsible

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