QUESTION

How can I go about filing for a medication prescribed by my doctor that caused permanent nerve damage?

Asked on Feb 14th, 2014 on Personal Injury - Indiana
More details to this question:
Will it be hard to prove that a medication prescribed by my doctor caused permanent nerve damage to both legs and feet even though I complain to him that I was having problems with medication? I was determined by a specialist that I had permanent damage.
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5 ANSWERS

Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Yes, it will be difficult. You will need an expert witness to prove that the medication caused the nerve damage. Then there is a question as to what you will be able to do with that evidence, for example if you are thinking of bringing a malpractice action against the dr or a products liability lawsuit against the manufacturer of the medication.
Answered on Feb 24th, 2014 at 7:14 PM

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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.
Answered on Feb 24th, 2014 at 7:07 PM

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James Eugene Hasser
You'll need a medical expert willing to testify under oath that the medicine caused your injuries. Experienced personal injury lawyers that do medical products liability cases know such experts. Consider consulting one. Good luck.
Answered on Feb 19th, 2014 at 6:59 PM

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Personal Injury Attorney serving St. Louis, MO at The S.E. Farris Law Firm
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Contact an attorney. We have handled cases like that, and they can be difficult- if the wrong meds were given it is one thing, but proving that a properly prescribed medication caused an injury is much more difficult.
Answered on Feb 19th, 2014 at 5:20 PM

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Medical Malpractice Attorney serving Highland, IN
Partner at Padove Law
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These are very complicated cases, especially in Indiana, where there is a two stage process for malpractice cases. You should contact an attorney familiar with medical malpractice cases in Indiana.
Answered on Feb 19th, 2014 at 5:14 PM

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