QUESTION
I was put on heavy duty bipolar medications for a few years and developed tics and hallucinations. I was misdiagnosed. Can I sue?
Asked on Jul 23rd, 2012 on Medical Malpractice - New Jersey
More details to this question:
A few years ago, I was in a hospital after a serious suicide attempt and the psychiatrist at the hospital put me on heavy duty medications for bipolar disorder. After being released from the hospital, I saw a psychiatrist. I began to develop hallucinations, but my psychiatrist just increased my antipsychotic medication. I also recently started having Tourette''s-like tics. After doing a lot of online research, I found that the medications were causing the hallucinations, so I decided to wean off of them. I also sought to get a real diagnosis, so I underwent psychological testing.
The clinical psychologist diagnosed me with something completely different, not even a mental illness. I am seriously considering suing the hospital as well as my psychiatrist, for the misdiagnosis as well as the fact that I had to deal with many hallucinations due to the medications. Do I have any legal standing to do so?
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Did the tics and elucidation stop after you weaned yourself off of the medication? if so, you probably do not have been financially viable malpractice case. Beyond that, it sounds like you are going to have to contend with the statute of limitations defense. Generally speaking you have two years from the date you knew or should have known that a defendant did something wrong to file a medical malpractice lawsuit. There are exceptions to this rule statute of limitations can be extended in certain circumstances. To know whether you could overcome that defense attorney would have to look at your medical records.
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 and explains why patients pursuing medical malpractice cases have to suffer significant permanent injuries for the cases to be worth prosecuting.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Answered on Jul 24th, 2012 at 3:29 PM