Do I have a medical malpractice case? Prescribed wrong drug.?

[garwyli91]

My Dr. and I were trying different antidepressants and none of them were helping or had bad side effects that I couldn't handle. He finally said, "Let's try this one." It was called Savella. I took it and after a few weeks I began experiencing a really intense (I would cry often) widespread pain in my body that I've never experienced before. I wondered if the Savella was causing it. I stopped taking it. I went back to the Dr. and told him the problem I was having with it causing me pain. He said it sounds like I have fibromyalgia. Never had it a day before in my life. I later go on to be diagnosed with fibromyalgia (by my rheumatologist) and am now living day to day, barely able to get out of the bed. I was doing some research on this medicine but couldn't find anyone who had used it for depression. Everyone made comments on how it affected their fibromyalgia symptoms. I began to research it more and found that this drug is only FDA approved in the USA for fibromyalgia ONLY and not depression. I am 99.9% sure that this drug gave me fibromyalgia by somehow damaging pain receptors. Not sure of the exact mechanism, but the fact is, he broke the law and now I am suffering because of it because my negligent Dr. gave me something he wasn't supposed to. Do I have a case and if I do, how do I go about pursuing it? Thanks for any info.

[chansomps]

You have a case, as you have a right to sue anyone you want. You DON'T have a case you can win. One drug you took for a couple weeks doesn't cause fibromyalgia, sorry. Also, as others have said, the drug doesn't have to be used for the reason it got approved through the FDA. The doctor can prescribe the medicine if they feel it could be beneficial for you.

In order to have a successful case, you'd have to prove the doctor was negligent. They were not in this case.

[nicolas]

Your doctor did not violate any law. Once a drug is FDA approved, a practitioner may use it for ANY purpose. A practitioner is not limited solely to the "approved" use. That's why doctors use Retin-A to treat wrinkles, even though the only FDA approved use is for treatment of acne.

If you continue your research, you will find that there are numerous studies published in well-recognized medical journals that suggest Savella is useful for treating depression that is not responsive to other medications. You admit that nothing else was working for your depression, so it was not negligent for your doctor to try a medication that has been shown to be effective in clinical studies.

Also, if you continue your research, you will find that there is no evidence that suggests Savella causes fibromyalgia. In fact, nobody really knows what causes fibromyalgia. If you are 99.9% certain that Savella causes fibromyalgia, then you know more than 99.9% of the world's research physicians.

The fact that you had fibromyalgia symptoms at the same time you started taking this drug was probably nothing more than coincidence.

But, go talk to a couple of lawyers nonetheless. Most will provide a free initial consultation.

[trucker]

Depression is an appropriate off label use

IT IS LEGAL TO USE MEDS OFF LABEL

SAVELLA is just another SNRI antidepressant...just like cymbalta...if the drug were the cause of the symptoms, they would most likely go away a few weeks after stopping the med..


FMS is HIGHLY Overdiagnosed--

it could still be just depression causing the symtpoms

[ear]

Fibromyalgia isn't caused by a drug. You stated that you were trying different drugs. Did you ask the details about the new one? Did you read the package information or the prescription information from that pharmacy before you took it? He didn''t break the law and he didn't commit malpractice.