I'm sorry to hear about this. The only way to know if there was malpractice is to retain a local med mal lawyer who can order your records and send to an expert to review to ascertain whether there was a breach of the standard of care.
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Weight gain is a known side effect of anti-depressants.
Your doctor must consider all circumstances when prescribing medication.
Unwanted weight gain is usually acceptable when depression is debilitating.
Please consult a lawyer in your area.
The only way you might have a case under these circumstances is if the physician failed to properly disclose relevant risks to you, and you would pursued a different method of treatment that did not have those side-effects. As stated above, since weight gain is a known side effect of antidepresants, it is unlikely that you have a strong case. Sicne the facts on Avvo are limited, plesae consult with an attorney in your jurisdiction to review the relevant facts of your case.
I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
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