Legal Question in Medical Malpractice in California

Medicine

My father has a skin disorder called Psoriasis. He was reffered to a doctor who practices eastern medicine. He was given chinese tea that made him worse. We are now taking them to court. I would like to know if it is against the law to provide medicine to a patient that has no english specification whatsoever on the medicine and if so how do we use this in court?


Asked on 11/10/07, 10:41 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Medicine

You will not be able to prevail unless the doctor is unlicensed or if you have an expert in chinese medicine that will be willing to testify that the prescription was negligently given, and that the medicine actually caused the condition to worsen. Just because it worsened does not mean that the medicine was the cause.

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Answered on 11/11/07, 2:00 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Medicine

Sorry it took so long to answer this. Either the powers that be at Law Guru, never sent it to me, or I misplaced it in my e-mail.

With that being said, I second Mr. Roth's answer. The mere fact that the medicine didn't work does not mean you can prevail for damages.

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Answered on 12/08/07, 2:45 pm


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