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Medical Malpractice Lawsuits Related to Adverse Drug Reactions

MedMal17

Any drug strong enough to have a beneficial effect can also have unpleasant side effects.  Consider that, while over-the-counter cold medicine clears your sinuses and suppresses your cough, it also makes you drowsy.  The effect is even more pronounced with prescription drugs that some patients must take on a long-term basis in order to manage chronic illnesses.  In fact, switching medications and adjusting doses is a common occurrence; if medication side effects are bothering you, your doctor will help you manage them, such as by changing your dose or prescribing additional medications.  Serious adverse reactions to prescription drugs are less common, though, and the standard of care requires that doctors ask relevant questions about a patient’s medical history to determine whether the patient is at high risk of a serious adverse reaction.  If you became seriously ill because a doctor prescribed medication to you in an improper way, contact a South Carolina medical malpractice lawyer.

Man Sues Psychiatrist After Suffering Adverse Reaction to Adderall

Joseph’s psychiatrist prescribed him Adderall for management of his Attention Deficit Hyperactivity Disorder (ADHD); the court’s decision about the medical malpractice that arose from this treatment did not specify Joseph’s age when he entered the psychiatrist’s car, except to say that he was an adult.  On May 13, 2008, Joseph suffered a psychotic episode characterized by paranoid delusions, leading to him being involuntarily committed to Palmetto Health Baptist on that same day.  When Joseph was released on May 28, the psychiatrist discontinued his prescription for Adderall, but Joseph’s condition remained unstable, and was hospitalized again on June 25.

On June 16, 2011, Joseph filed a medical malpractice lawsuit against the psychiatrist, alleging that Joseph’s psychotic episode was triggered by improper prescription of Adderall.  He supported his claim by saying that the doctors who treated him during his hospitalization determined that the Adderall was the cause of the paranoid delusions and that the defendant psychiatrist has a reputation for over-prescribing Adderall.  The court dismissed his lawsuit because it did not fall within the statute of limitations.  In South Carolina, the statute of limitations for medical malpractice lawsuits requires you to file the lawsuit within three years of suffering the injury or determining the cause of the injury.  The court determined that Joseph found out on or before May 25, 2008 that his psychosis was a result of the Adderall he was taking.  Therefore, he missed the deadline by filing his lawsuit in June of 2011.  On appeal, he tried to persuade the court that he did not find out the cause of his psychotic episode until June 2008, but the appeals court was not convinced, and it affirmed the trial court’s decision.

Contact Us Today for Assistance

A Columbia personal injury lawyer can help you make sure that you meet all the formal requirements for filing a medical malpractice claim, so that your lawsuit does not get dismissed on a technicality.  Contact The Stanley Law Group for help today.

 

Resource:

scholar.google.com/scholar_case?case=6641345674982411122&q=medical+malpractice&hl=en&as_sdt=4,41&as_ylo=2011&as_yhi=2021

https://www.thestanleylawgroup.com/how-has-the-pandemic-affected-traffic-accident-trends/

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