Legal Question in Medical Malpractice in California

I was put on several medications for a autoimmune disease. Over a 8 year period . About five years ago extream torture began from what my doctor called flare ups from my disease. I kept saying I think its this drug. He would say no. You have to consider any drug you put in your body is toxic. Each one you add is more toxic. So I stopped a few meds and noticed I was somewhat better. So I say somewhat because I was suffering horrifically. Now I know the most serious drug methotrexate is called death in a bottle. This is a cancer drug used to surpress the immune system.xi dont have cancer. Anyhow after being on this drug for at least 7 years. I stopped it im improving every day but still suffering. Theres horrible things that coukd happen down the road from enternal damage not known at thus time. Heres my issue you cant sue a doctor for writing a perscription because I can read the incert or look it up. However the doctor knows these drugs and he sees me every month fir years. He knows my suffering he knows my symptoms and all this time he basically let me be tortured and never once said maybe we better stop this drug maybe your having a severe reaction. Lets seecif uts the drug ir disease. To me that is NEGLENANCE. THAT IS THE REASON AND I STILL CAN DIE


Asked on 4/28/14, 1:45 am

1 Answer from Attorneys
James Geagan Law Offices of James Geagan

It is impossible to evaluate your claim based on the information given. It appears that you believe that it was negligent for the doctor to keep you on the medication when you were not improving, even though the drug is one that is indicated for the condition. The only way to know whether this is negligence would be to have a board-certified oncologist review all of your medical records and analyze whether there was a breach of the standard of care. This would be very expensive. If a lawyer took your case the lawyer would advance the money for the review. Because these cases cost so much money just to find out whether there is a meritorious case, it may be difficult to find a lawyer. You could make a complaint to the California Medical Board, but they do not provide compensation to victims. If you intend to contact a lawyer, do so quickly because there is a time limit which applies to filing medical malpractice cases.

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Answered on 4/30/14, 4:36 pm


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