Legal Question in Medical Malpractice in Kentucky

Re: excessive prescriptions of Halcion are killing mom

Has any doctor told you that the prescriptions of Halcion fall below the standard of care for your mother's condition. Why was it prescribed? This will be a very hard case to make out. There will definetly be allegations of contributory negligence if she continued to take this drug, knowing it was hurting her. Did she let the prescribing physician know that she wanted to get off Halcion? I believe you have a very hard case to make under Indiana law.

Re: excessive prescriptions of Halcion are killing mom

You would have a case against your Mom's doctor if his prescribing this medication falls below the standard of care (what a reasonable doctor would do under the same circumstances). Your Mom may also be partly responsible if she never complained to her doctor that the medicine was making her so sick. However, it sounds like you at least have a case worth purusing at this stage.

Re: excessive prescriptions of Halcion are killing mom

Have you discussed this very thoroughly with your mother? It seems to me that the most helpful thing to do now is arrange for her to consult with another physician. If she lacks faith in her current doctor, then she needs another doctor. Maybe she is enduring a chronic environmental stress condition that can be changed for her benefit. In any event, her legal remedies are not going to improve her health (unless there are environmental factors - like unwholesome pollutors, neighbors, or spouses - that can be removed by the law.) So focus on her health, not her legal remedies. As far as medical malpractice is concerned - it's not medical malpractice until other physicians who are familiar with the standard of care in your mother's locality say it is.