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Can i sue gyno and or neurologist or for keeping me on bcp when i had a history of migraines but non smoker and told me ok

Copiague, NY |

to take pills ended up wit hstroke and blood clot in brain, on disabilty ect 45 years old .
any suggestions to help me i'm in suffolk ny (long island) nayone? thank you stroke happen in 1/5/11 last saw gyno and nuerolgist 2 months before 11/10 and given bcp once again feel as if they didn't warn me of this i would have not tooken them anymore was on ortho novum 15 years

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Attorney answers 5


This sounds very serious. I recommend that you contact a local medical malpractice lawyer for an initial consultation. I would expect that the lawyer will want to get your records, retain an expert to review, and take other actions.


A local malpractice lawyer would need to order your medical records and have an expert review them.


You haven't really identified any risk factors associated with stroke other than the bcc themselves. In addition each time you went to pick up your pills the pharmacist gave you an insert that contained the risks that you were presumed to have read. You may have also signed something indicating that the pharmacist offered you counseling for the bcp. It may be hard to get an expert who could say that there was any substandard treatment


It would depend if you had any risk factors for a stroke or cerebral event. Your entire OBGYN and neurological records would need to be reviewed.


It sounds like you did not have any serious risk factors (e.g. clotting disorder, history of blood clots, active smoking, etc) that would make it malpractice to prescribe birth control pills.
Theoretically, if as you say, you would not have taken BCP if you knew of the risks, there may be an "informed consent" claim.
Practically speaking, however, I can say its a case I wouldn't take, and most medical malpractice attorneys probably wouldn't take.
This is for several reasons. First and foremost, a Jury would probably not believe that you truly would not have changed your decision, based on a remote, theoretical risk, and would feel that your present position is only based on hindsight.
Also, the MD may claim in fact that he/she warned you, and it then becomes a "he said she said" (particulalry if their records say "informed patient of all risks," etc, as it probably does.
And, third, the BCP themselves typically come with prominent warnings of potential stroke side effects.
Therefore, the MD may claim that you were nonetheless "warned" (or a Jury may conclude that the package warned you sufficiently, even if the MD had an independent legal duty to warn you)

The bottom line is that a "pure" informed consent case tends to be weak, unless the action taken by the MD is also malpractice.

You should obtain a second, or third opinions from consulting with attorneys in your area, but I hope this may help you to better evaluate your situation.

This is not to be considered legal advice, and does not create an attorney client relationship. Inquiries may be directed to 212-414-8200

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