First things first: consult a lawyer well-versed in medical malpractice. There are all sorts of rule and procedures governing medical malpractice claims and in certain instances, a very short statute of limitations within which you must state your claim. In Wisconsin, if the physician is employed by the State, you have 180 days from the negligent act, or from the time a reasonable person should know of the negligence If the physician is privately employed, the limitations period is 3 years. Generally a complaint must be filed with, and argued before, a Medical Mediation Panel. You will need an expert to advise you whether the prescription is outside the standard of care. I can tell you from other cases that psychiatrists sometimes prescribe 'atypical' antischizophrenics to bipolar patients. I assume this is acceptable only after other drugs have failed but I do not know. Find a capable lawyer. Good Luck.
Answered on Aug 14th, 2015 at 4:43 PM