The answer to your question is: It depends. It certainly sounds like its worth investigating. However, I would need to better understand both what happened and why the MD discontinued her meds before I could comment on that. More importantly, I would need to know what damages your daughter suffered as a result. Has another physician indicated that the seizures she suffered caused her some injury? There are a lot of questions to answer before you’ll know if there is a cause of action here.
In your case, you should gather your daughter’s medical records and meet with an attorney. Keep in mind that you have a short time in which to bring your claim, so act quickly.
Best of luck to you.
Attorney Rebekah Ryan Main
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This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. We can be visited on the web at www.Main-Law.com or call 909-891-0906.
This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.
Depends what you mean by "liable." Might a complaint to the CA Medical Board result in a sanction against the physician that ordered her removed from her seizure med? Possibly so. Might a lawsuit based on medical negligence succeed? Not likely based on your story. I presume you would have told us if our daughter had suffered a serious injury from the seizures during this 3 day windows when she was removed from her med. if she was indeed seriously injured, you might have a valid lawsuit. If she was not injured, you'd have no damages to pursue.
I'm not a CA lawyer so you should get advice on the law and your statute of limitations locally.
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