DoI have a case against my doctor if he gave memedicine to stop smoking butI have epilepsy and it gave me a seizure?

UPDATED: Nov 28, 2011

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DoI have a case against my doctor if he gave memedicine to stop smoking butI have epilepsy and it gave me a seizure?

He never told me that would be a side effect?

Asked on November 28, 2011 under Malpractice Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the medicine was one known to have this side effect generally, he may have committed malpractice; or if it was known to have this side effect on those with epilepsy, and he knew you had epilepsy, that could be malpractice. On the other hand, if seizures were not a known side effect of this medication (either generally, or for those with epilepsy), or they were a side effect for people with epilepsy, but this doctor did not know of your epilepsy, then there would be no malpractice.

Also, bear in mind that malpractice lawsuits are very expensive--you have expert witnesses, tests, legal fees, etc.--and you can only sue for an amount commensurate with your injuries and out-of-pocket costs. If you were fortunately enough to not suffer significant injuries or lasting effects, and did not incur much medical costs, it would not be worthwhile to sue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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