Legal Question in Personal Injury in Michigan
On November 14 2008 I had surgery for a torn Meniscus. The Dr Evan Young ordered Levaquin as prophylactic to prevent infection. It was given by Carson City Hospital, Carson City MI in an IV push.
First my complaint is not with Ortho McNeil. My complaint is with Dr Evan Young and Carson City Hospital.
After much research on my own I have found out that first this drug is not meant to be used as a preventative to infection. It along with all Quinolone drugs have a purpose but this isn't it. Drs are giving this stuff out like candy and it is seriously effecting millions of people across the world.
On the Ortho McNeil website shows absolutely that this drug is NEVER supposed to be given in IV push and should not be given to people under 16 years of age and over 60 years of age. I was 65 when I was given this medication and it was in fact given in an IV push against all recommendations by the drug company. This drug is supposed to be given as a last ditch drug in dire situations of infection.
As a result of being given this drug I have suffered for a year and a half will severe problems. Prior to being given this drug I was a very active healthy woman who loved caring for my own lawn and landscaping. This has now become a chore. Shopping has become a horrible painful experience.
I have been through long sessions of physical therapy which has helped somewhat but I am still not able to do the work I did prior to being given this drug.
I am well aware I CANNOT sue the company in MI. My complaint is not with the drug company it is with the physician and the hospital.
I was treated like some kind of nut job when I tried to talk with Dr Young about the problem. My family physician Harold Wakefield was far more sympathetic and read all the research I supplied him with. He then sent me to Dr Carla Guggenheim in Lansing MI. She is a specialist who immediately after examining me and looking at the history told me my problems were directly connected to Levaquin poisoning.
She was very upset with Dr Young's arrogant attitude concerning my case and sent him a report and told me she was going to make sure he knew my problems were as a direct result of his ordering Levaquin in my case.
I am begging for an attorney to step forward and take a close look at this case and Please represent me in a court of law. I want to be able to stay on my own and with the loss of strength and pain involved with this I may not be able to because I can't afford to hire help with many of the tasks I have to do in my home and yard. My husband and I are on a very limited income and need someone who will take this case on a contingency basis.
Thank you in advance.
1 Answer from Attorneys
In pursuing a medical malpractice claim you are actually making a claim that a physician acted negligently. In order to prove negligence four elements must be met: 1) duty 2) breach 3) causation and 4) damages.
The biggest element that must be achieved in this type of case is the duty element. Doctors owe patients a duty of care that conforms to the standard of care provided by other doctors in their community or in similar communities. The question then becomes how do other doctors and physicians treat patients under similar conditions to yours.
If your physician fell below this standard of care they have breached their duty to you. This would satisfy the second element of negligence.
The final two elements can also be troublesome at times. A showing that it was the doctor�s breach of his duty of care actually or proximately caused you damages. These elements should be discussed with an attorney because they a specific to your situation and factors such as likely recovery, lifestyle before and after and how other potential complications not related to the doctor�s breach could have caused this pain and suffering should all be accounted for.
I am sorry to hear about your situation. I hope this information helps you. And I wish you all the best in your recovery.
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