I need a little legal advice
2006-07-25 05:03:01 · 11 answers · asked by usmc2209 1 in Health ➔ General Health Care ➔ Other - General Health Care
The Medicine he was perscribed is called clanophine, and Its not to be perscribed to people with cronic lunge diesase.
2006-07-25 05:10:45 · update #1
Potentially, but probably not. Did he die of a known complication of the medication? If not, then potentially one could argue that the FDA or the company that makes the drug should have been more strigent in their testing of it, but that would be difficult to prove. If it was a known complication, was he warned of the risks? If he was informed of the potential side-effects of the drug, and chose to take it anyway, it's not the doctor's fault. Did he die of an allergic reaction? If so, was it one that was already in his medical records, or which he informed the doctor of? If not, then the doctor is not at fault. Did he die of an overdose, taking more than was prescribed? If so, then it's not the doctor's fault.
The ways that it could be malpractice:
1. He died of an allergic reaction to the drug, and he'd had an allergic reaction to the same drug in the past, which was in his medical records or the history he gave the doctor (or the doctor could have asked and didn't) but the doctor prescribed it anyway, without checking his history.
2. He died of a known complication of the medication, and his doctor had not warned him of that risk when be prescribed it.
3. He died of a known interaction of that medication with another drug he was taking, either one that was prescribed by a doctor, or an over-the-counter medication that his doctor had not asked about or warned him not to take.
_________
Edit: After reading the additional details... did your brother _have_ chronic lung disease? And if so, did the doctor know that and about it? If the doctor asked, and your brother said he didn't have chronic lung disease, the doctor isn't at fault. He's also not at fault if he warned your brother of the specific risks due to his pre-existing condition, and your brother opted to take the medication anyway. However, if it was known to cause problems for people with a particular condition, and the doctor had reason to know your brother had that condition, then it's probably malpractice, and you should talk to a lawyer.
2006-07-25 05:13:13 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I'm no lawyer but check to side effects listed for the medication. The medicine could be risky to begin with and the doctor would not be guilty of malpractice. Also, the doctor could have advised him of these risks and he wanted to take the chance. My question is wehther he passed away due to the illness the medicine was treating or as a result of the medication alone. A pathologist investigates all hospital deaths so I would let the hospital investigate and if you aren't happy with the findings, then retain a lawyer. This could get messy. Hospitals have VERY good lawyers.
2006-07-25 12:08:34 · answer #2 · answered by embem171 4 · 0⤊ 0⤋
I'm no lawyer but I think your first question should be how was the medicine prescribed to be used and was he taking it correctly. Check out the name of the medicine on line to get some facts about it first...see what the side affects listed are and what other drugs it cannot be combined with. Before you take it to a lawyer, educate yourself first as much as you can. The more you know, the more you can assist the lawyer.
2006-07-25 12:09:35 · answer #3 · answered by AJ 2 · 0⤊ 0⤋
If the doctor knowingly prescribed this medication to your brother, knowing that your brother had chronic lung disease, then yes the doctor is liable. However, you would do better to talk with a lawyer about this.
If the doctor warned your brother about the side effects and your brother decided to take a risk anyway, he probably is not: 25 is old enough to make one's own choices, after all.
Good luck!
2006-07-25 12:45:39 · answer #4 · answered by Tigger 7 · 0⤊ 0⤋
I am no lawyer, nor doctor, but I would definitely be getting an attorney. If they find that this is malpractice, this doctor will be punished. But the best way to find out is to go get some legal advice before you go jumping to any conclusions.
2006-07-25 12:13:39 · answer #5 · answered by Jackie B 2 · 0⤊ 0⤋
Possibly. The best way to know is to consult an attorney in your area that specializes in malpractice. Contact your local medical society (they're in the phone book) they might be able to help you to find one.
Keep in mind though - did your brother take the medication EXACTLY as prescribed - NO variance whatsoever in dose or schedule? Was the medication EXACTLY what the doctor prescribed - aside from generic vs. brand name? (the medical records may need to be subpoenaed for that.)
2006-07-25 12:08:42 · answer #6 · answered by zippythejessi 7 · 0⤊ 0⤋
Yes, this is malpractice. I am not a lawyer but my 3 year old cousin passed away due to medication her dentist gave her overdose the baby in she went into a seizure and she died.We sued. It wont bring her back but hopefully it teaches him a lesson.
2006-07-25 12:11:12 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You need to find an attorney and get legal advice. Also, you haven't provided enough information to get advice even if I knew the answer. Find an attorney if you think malpractice may be involved.
2006-07-25 12:06:38 · answer #8 · answered by clarity 7 · 0⤊ 0⤋
Like everyone said, you do need an attorney present for the exact legal advice. I don't need to be liable for any false information. But i am in law school and i have learnt a thing or two about negligence. I would say it does constitute to negligence but one would need alot more information to satisfy the elements of negligence.
2006-07-25 12:43:47 · answer #9 · answered by Rauda 1 · 0⤊ 0⤋
I am neither a lawyer nor a doctor. To get a legitimate opinion on whether it was malpractice you need to talk to both.
2006-07-25 12:06:49 · answer #10 · answered by Curly 6 · 0⤊ 0⤋