Can I take action against the psychiatrist who prescribed Seroquel to my child even after the weight gain?

It takes the opinion of a medical expert to say whether malpractice probably occurred. Experienced medical malpractice lawyers typically have such experts available. Consider consulting one.

Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report(up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.

I'd say the doctor but you would have to have your son's records examined by a psychiatrist who would then be willing to testify that the treating psychiatrist failed to conform to accepted medical standards and that this failure caused your son's death. Wouldn't be easy.

You need expert medical evidence. You have none. Get it.

Why did he have undiagnosed heart condition? Did he have regular exams? I would go against a primary caregiver.

If you can prove that the death was due to the SUDDEN weight gain, then you will need a doctor to testify that the psychiatrist (who is supposed to be a doctor rather than a psychologist) did not take a proper history which might have uncovered the heart condition, then you might have a malpractice case.

I am very sorry for your loss. The first person to look to, I think, is the psychiatrist. You will likely want to know if the risks of the drug were explained to your son, and whether he knowingly accepted them. Consult an experienced personal injury lawyer. Good Luck.

You have to show that the manufacturer did not reveal that there could be such a rapid, large weight gain. You would have to show that the Dr. knew or reasonably should have know that a large weight gain might occur from the medication and that your son might have an underlying condition that might be negatively effected. It probably will be very difficult to show that and it will be costly as you will require expert support. Speak to several local medical malpractice attorneys to see what they think.