Legal Question in Medical Malpractice in California
Ritalin and Tourette Syndrome
Our son was given Ritalin 9 months ago.
The Doctors never warned us of possible side effects such as Tourette Syndrome.
Our son has now been told he has Tourettes.
He was perfectly healthy before the medications
except he has A.D.H.D..
He now has a permanent disability.
Medical technology will help,but it will never go away. Do we have any leg to stand on in help our son. We feel the doctors were negligent in not informing us of what could happen.We were not given the right as parents to make such a life
changing decision for our son.
Please help us. Our sons life and future have been turned up side down.. Thank you
1 Answer from Attorneys
Re: Ritalin and Tourette Syndrome
Failure to obtain informed consent can constitute medical malpractice. You
would have to prove that the risks were not explained to you, and that had they
been explained to you, you would not have elected to use ritalin. Note that ritalin
is a very common, usually effective and safe, treatment for ADHD, so the use of ritalin
by itself is not likely malpractice.
You would also have to prove damages. You would have to prove that the Tourette's syndrome,
and whatever other damage you believe occurred, resulted from the ritalin, and is not
separately caused. There may be medical literature which will help on this. ADHD is sometimes
associated by itself with Tourettes' syndrome, but the lack of any such diagnosis in the
diagnosis preceding the ritalin may establish that this was not pre-existing.
It is probably impossible to do a medical malpractice case by yourself. You should also be aware that there
are statutes of limitation governing the time in which to file a suit for medical
malpractice. You should consult with an very soon.
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