Are doctors obligated to warn of side effects when a parent asks about all possible side effects?

Doctors have an obligation to provide you with the side effects of medication under their duty of informed consent. Nevertheless, the parameters of the cause of action for informed consent vary from state to state. In general, however, these are difficult cases. In New Jersey, to prevail in an informed consent case a patient has to prove that if a reasonable person were advised of the potential complications that occurred, he owuld have decided not to undergo the proposed care. Under this burden of proof, it's not enough to say that you personally would have opted out of the proposed care, you have to demonstrate that most people would have declined the care if they were provided with the absent information. Part of the equation that the jury considers is the likelihood that the complication can occur and the possible benefits of the medication. Therefore, if the possibility of tics is statistically low and the medication also provided your son with a substantial benefit, you're going to have a hard case to prove. Finally, there will be causation questions because you can expect the defendant to argue that some medications expose underlying tic disorder that would surface eventually anyway. If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.           Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website.