QUESTION

Do I have a case against the doctor who prescribed diet pills when I was pregnant in 1969 if he is still living?

Asked on Apr 09th, 2014 on Personal Injury - Alabama
More details to this question:
In 1969, my doctor prescribed diet pills to me while I was pregnant. My son is now 44 and has been addicted to one drug after another. I didn't ask for the diet pills. The doctor just prescribed them and told me to take them.
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6 ANSWERS

Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answered on Apr 15th, 2014 at 11:52 AM

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Ronald A. Steinberg
Too late.
Answered on Apr 14th, 2014 at 6:04 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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The statute of limitations has expired.
Answered on Apr 10th, 2014 at 8:29 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Way too late to do anything about it.
Answered on Apr 10th, 2014 at 12:31 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You're much too late, and the causation is much too remote. It is very doubtful that you would ever be able to establish a causal relationship between the ingestion of prescribed drugs during pregnancy and a history of drug abuse in a 44-year-old.
Answered on Apr 10th, 2014 at 12:29 PM

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James Eugene Hasser
Even if you were able to prove that prescription caused your child to be an addict, it is way too late. Good luck.
Answered on Apr 10th, 2014 at 11:54 AM

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