Legal Question in Medical Malpractice in Illinois
Rights concerning college psychiatrist giving child Paxil
my 20 year old son was attending a college in IL and went to the health center concerning lack of concentration. He was diagnosed by a counselor however a pschologist prescribed Paxil and gave him 3 week free prescription. He called me, his mom and complained of troubles such as diarrhea, unable to eat, tremors, etc. I asked what was he told and he said that they simply said it might take the full 3 weeks for his body to adjust. 5 days later he attempted suicide, which we believe stems from the drug. We were called and told to come get him that it is too serious for them to handle! My question is what legal rights do we have? Basically I am taking it that they did not feel it necessary to inform us that he was being given this drug,but when it turned bad we were told to come and get him. Now we find out that he is kicked out of college and the only way he can go back is with their psychiatrist's approval. That seems double standard to me that they want nothing more to do with it, except the right to allow or disallow him.
2 Answers from Attorneys
Re: Rights concerning college psychiatrist giving child Paxil
Since your son is 20 years old, he is a legal adult, and any rights which might exist with regard to the prescription of Paxil to him or his discharge from college, are his rights and his rights alone. They had no obligation to inform you that he had seen a counselor or psychologist, or that he had been given a prescription. True, they may have called you to come and get him, but they were not required to do so, and indeed, you were not required to take him.
If the Paxil harmed him, and he can show that the harm was caused by the negligence or the manufacturer or the doctor who prescribed it (you say it was a psychologist who prescribed the drug, and that is very, very unlikely � it was probably a doctor or psychiatrist who signed the actual prescription), he can bring a suit for damages. However, this type of suit is difficult to maintain and win.
His potential legal action against the college for discharging him would also be hard to maintain. The school has left the door open for him, on the condition that the school�s psychiatrist approve of his return, and that seems reasonable (or at least defendable) under the circumstances that he was �too serious to handle� and had attempted suicide.
You may wish to obtain a diagnosis and treatment that will assist your son with his mental health difficulties. Once he his stable, you should re-apply for his admission. Only then will you know whether the school was sincere in its statement that he could return with the school psychiatrist�s approval.
This e-mail reply does not constitute legal advice and does not establish an attorney-client relationship. We provide responses to email questions for information purposes only. The information is provided as a convenience, and we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information.
Re: Rights concerning college psychiatrist giving child Paxil
Please call our office at 1(800)322-0359 to discuss this matter further.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
