I want to know what my rights are as a patient.
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I want to know what my rights are as a patient.
I was taking medication for epilepsy when it was discovered that I had liver scarring which could be cured with a medication. In order to be a candidate for this medication, I had to change my epilepsy medication which had kept my seizures in check for 20 years. I was weaned off my epilepsy meds in 4 days but on the 5th day I had a series of 10 seizures which put me in the hospital. I have now lost my job, as well as drivers license and the doctors are still not coming up with a solution.
Asked on January 10, 2017 under Malpractice Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
A bad outcome for a patient doesn't necessarily mean that medical malpractice occurred.
The doctors appear to have acted reasonably by trying to treat your liver scars with medication that required a change in your epilepsy medication. The fact that you had seizures, lost your job and driver's license and the doctors have not found a solution does not establish medical malpractice.
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