If a person attempts suicide (which is a "side effect") of many anti-depressants and is unaware that this action could have been caused by the meds AND was not made aware of the side effects by their doc. By the way....this med was prescribed over the phone with no dr. visit. Does the patient have the ability to sue? If so who do you go after....the clinic, dr. or pharmaceutical? This is not a hypothetical question. This did happen.
I consulted my lawyer friend and he said NO, the patient is still responsible for reading the side effect warnings that come with all medicines these days, and educating themselves of any possible drug reactions. He did say he was curious as to how this person received a prescription without seeing a physician, and said your friend should be careful in pursuing a lawsuit as it would open themselves up to criminal prosecution for illegally obtaining a prescription. In short the only person you could go after with the information you provided is the patient. The clinic, and pharmacy will be covered by insurance and have followed the regulations as far as this state is concerned.
If a person attempts suicide ,it's his own doing.
Can you be more clear ?
Taking pills without knowing the side effects is not suicide.It's a doctor's mistake o or your own, if you were self prescribing.
seems a mistake to have prescribed this over the phone, the problem is that there will probably be something in the small print to clear the pharmisists because, they all carry a warning. Hard to get any one to admit to being in the wrong in these circumstances....
The prescription was apparently obtained originally by a ob/gyn....why are they getting into anti-psychotic drugs, I'm not sure. Regardless. The person, going through a divorce, called the doc back a few months later and said "can you up the dose by double?" No questions asked and it was done. This particular drug is a stimulant. She described her mind as feeling like there was a blender inside. Her anxiety was tremendous. Her rage was incredible. And unfortunately, we saw her go to the hospital twice in 4 mos. because it was too much for her mind to take any longer.
She finally went to see a psychiatrist that she had seen in the past and for whom she trusted. He slowly took her off the drug and she is fine to this day.
I was just curious. I'm not looking for criticism of her, her actions, or a debate. She is fine and alive and that's all we care about at this point.
The responsible thing for your friend to have done would have been to see the doctor immediately at the first sign of the symptoms you point out. Then that doctor could have adjusted the dosage or prescribed an alternative medicine.
It is not uncommon for doctors to prescribe drugs for existing patients and cases over the phone. In this case ObGYns regularly work with patients with depression and conditions associated with child birth and care. This seems like a common case of a patient not keeping their doctor informed and allowing conditions to worsen before seeking help. It is a common enough thing in America when you consider how expensive an average doctor visit can be. Many patients avoid them unless an emergency or absolutely needed. I just hope your friend has learned a lesson about personal responsibility.
Well, I think a person has (according to info here) grounds for a claim.
First of all, you go after the one who is liable here, and that heavily depends on facts - who gave the prescription, when, on what grounds, etc.
***If it was done durong a phone call, this might be difficult to prove, but you're saying there was some kind of prescription, not just conversation.***
Then, if the doctor works for the clinic, you might allege joint liability.
Again - what did the patient take, why, when, what was the direct effect of that - quite a lot to prove, but given the facts you gave here, I'd give it a try.
I think she researched if there were any class action suits against the pharmaceutical. None were found.
thanks everyone for your input.
You need to get the information accurate before anyone can help with a lawsuit. Did the doctor prescribe an anti-depressant or an anti-psychotic? At some point the person had to have met with the Ob/Gyn in person and provided a medical history, prior to medication being prescribed. The fact that she went to the Ob/Gyn rather than the psychiatrist for her prescription sends up a red flag. Why would she be unwilling to discuss this with the mental health professional that already knows her and her background?
Depression is tough. But if she went to a psychiatrist in the past, I'm sure they must have discussed medications and possible side effects. The pharmacist would no doubt have told her of potential problems, as well as having included the full list of potential side effects. Because all anti-depressants have some degree of stimulant in them , the risks of anxiety and suicidal ideation are always listed as a side effect.
I do realize this is a sensitive matter you've brought up asking for input as to who is to blame.
Why is there an assumption the meds were the problem? Depression is a potentially fatal mental illness that can lead to suicide even if treated with the best meds and the best doctors.
My point being this: What if without meds your friend would have attempted and succeeded in suicide? Without a dr or a script at fault, maybe the very nature of depression is the aspect to blame.
Glad to hear she has improved now, Holly
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