Law & Ethics. What Kind Of Lawsuit Is It When You Would Like To Sue A Medical Institution For Damages Done When Young?
Law & Ethics. I Have An Important Piece Of Writing To Do And I Need To Know What Type Of Suite It Is When You Want To Sue A Hospital For Giving You Dr
Law Ethics : What Kind Of Lawsuit Is It When You Would Like To Sue A Medical Institution For Damages Done When Young
I have an important piece of writing to do and I need to know what type of suite it is when you want to sue a hospital for giving you drugs which may have had detrimental affects for a fair portion of your life. If anyone can pass on as much information on this topic it would be much appreciated. There was a program recently about kids, in the now, taking medicine for bipolar disorder and the horrible side effects and rash affects, such as suicide, and not being able to get out of bed. ~~~ Boltez ~~~
Best Answer To Law Ethics Question
medical malpractice
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Answer 1Sounds like malpractice.
Answer 2Sounds like it would possibly be beyond the statute of limitations. Do not know if medical malpractice has a statute of limitations, but I do believe it does, unless the complaint was filed within that time frame you would not have a case. These "anti-depressants" are a bad idea for almost anyone. The side-effects are often worse than the benefit. However, if you truly cannot live without them, you have to find the one which is right for you...this can be a horrible process as some make your situation worse. Most of them (if not all) actually suggest that you are watched for suicidal thoughts when starting, stopping, or changing dosage.
Answer 3Sounds like the classic "Monday morning quarterback ; Judgement after the fact is always 20/20.
Answer 4medical malpractice
Answer 5The case would be a tort, in this case probably a products liability claim because the medicine hurt you when it was not suppose to, unless the hospital knew it would do so (unlikely). In any event, the statute would start to run usually when you knew, or should have known, that you were injured. After that, you have, usually, two years to sue.
Answer 6This would be a medical malpractice claim. As jwthoughts pointed out, you could have a limitation problem. The limitation period starts running from when you attained the age of majority and, in BC, would be two years. I suggest you contact a lawyer working in the field and obtain an initial medical / legal opinion as to whether your claim is at least potentially well founded. This should cost at least $1,500 if they require you to pay for the opinion, which is pretty standard practice in the field, though you may find someone willing to do it without charging you up front. Until you have such an opinion, you have no idea about whether you have a sure loser or a potential winner. The claim would allege that the medical professionals failed in their duty of care to asses the situation, prescribe appropriate medications, and take other measures that they should have taken in the circumstances. To succeed, you would need to establish that what was done falls outside of the appropriate professional standard of practice at the time(s) when and in the place(s) where the events at issue took place. It is this piece of the puzzle that requires expert support. If you can establish a breach of such duties of care, you then would have to prove the link between the breach(es) and loss and damage suffered by you. This is another area where expert support is essential. For example, you may be able to establish that the medication impeded your ability to obtain a proper education and to obtain and retain employment, thereby resulting in a loss of opportunity to earn income. One issue will be to what extent, if any, the parents' consent to / requests for medical treatment impacts upon the ability to claim against the doctors. They may have given such consent as a result of improper medical advice, but they also could have been properly informed of the risks and given choices. If this is the case, the ultimate decisions were those of the parents, not the doctors. This is a really tricky area. If the drug(s) in general have caused many side effects, there may be one or more existing class action suits or you may want to help start one. If it is the drug at fault, rather than the doctors, you have a products liability claim. These are really, really tricky, as they involve investigation of the design and testing of the product, as well as how it is marketed. You certainly need strong expert support for such a claim. There are many, many issues that could arise. Remember, each case turns on its own facts. General answers are not really very helpful other than to let you know which ball park you could be playing in. You must have good legal advice taking into account your particular facts. Lastly, doctors and drug companies fight hard against claims. Be sure you have the ability to fight the war before firing the first shot!
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