Is this medical malpractice? Legal advice needed!?

[sylvester37]

I feel I was harmed due to a cocktail of prescription drugs that a psychiatrist prescribed. I've read that psychiatric malpractice is hard to prove. I am 35 yrs. of age, was born healthy, had a nice childhood/great home/teen years were typical. Haven't suffered any traumatic experiences. Been mildly depressed before due to normal life events. We all have grieved but as time passes we heal and move forward. I was picked on as a teen but still maintained good grades & never had behavior problems. Attended college, held jobs, was able to assist in the care of my diabetic grandmother until her death. It was stressful but was proud of myself for doing it. College was postponed due to my raising a child & also caring for 2 other family members w/i the household. I was somewhat sad; couldn't hang out but I dealt w/ it because I knew that God would bless me & I wasn't a big party girl anyway. At age 23 I went to a GP and told him I was tired a lot. He told me that he thought I was "depressed" and prescribed Zoloft. Took it for couple of weeks but stopped because it made me sleepier. By this time, Medicaid changed my GP. I brought to Dr.'s attention that Zoloft made me sleepier so he prescribed Paxil CR 25mg. Everything was fine and I felt happy, yet still had situational sadness & still had no energy. I saw this Dr. for 10 yrs & he referred me to Mental Health. I told the psychiatrist that I was sad due to my grandmother's death & I felt anxious at times. He then prescribed: Wellbutrin, Lexapro, Abilify, Clonazepine & Remeron & told me to discontinue the Paxil. I was skeptical. I questioned him but he informed me that the drugs were ok. Tried to stop the Paxil but experienced withdrawal effects so he told me to continue the Paxil along w/ the other meds. Within 2 months of taking all these meds I didn't feel like myself. I informed him that I felt worse, he attributed it to "worsening depression". I was wired, yet tired at the same time but unable to sleep. I'd have nightmares, hand numbness, involuntary movements, sensitivity to light, palpitations, thoughts of death, blurred vision & sadness for no reason. Can a psychiatrist be sued for prescribing too many meds at once & for not warning me of these effects? I didn't develop these symptoms until these meds were introduced into my life. It has been a year now & the involuntary movements are indeed worse. I now have daily headaches, hair loss, anger & irritability. I've spoken to lawyers who say it sounds like I was harmed but that it will be hard to prove. I've even contacted cchr & they are just too busy to respond. I am not bi-polar or schizophrenic or psychotic. I don't know why he felt the need to prescribe so much. Even if I can't sue, I need to raise awareness so that this doesn't happen to anyone else. I am older/wiser now and realize that I could have dealt w/ my tiredness on my own. No drug is the answer even if prescribed.

[gillian59]

You probably can't do anything about this. Just get a new doctor and tell the doctor you want OFF the meds. The biggest problem here is proving that the doctor was grossly negligent, and given what he saw as your past history, although I think his methods were questionable, I don't think they would be viewed by a judge or jury as grossly negligent. Your pharmacist would have had concerns about this as well if it had been actual malpractice.

[deangelo51]

Your feeling that you were harmed is quite honestly, irrelevant. If you want press a claim of this type, you will need expert medical testimony that backs up your complaint, and it will have to be sufficiently convincing to defeat the expert defense witnesses who will contradict you. Attorneys are not jumping on this because your case is marginal at best with no guarantee of success.

[ammi]

No. It isn't malpractice.

No you have no basis to sue your psychiatrist.

And no. The psychiatrist is NOT a pharmacologist and is NOT required to disclose (or even know) all of the potential side effects. (This is why there is a handy dandy little information sheet that is included with every prescription. Adults are actually expected to take SOME modicum of responsibility for themselves - meaning they need to do their very own research into what they are sticking into their bodies.)

You sound as though you enjoy being a dependent victim . . . 23 and on Medicaid? Going to the doctor (at tax payer expense) to complain about "feelings?" Complaining to the doctor about "situational sadness and no energy?" And now you complain about the drugs you were going and asking for? Good lord. Your freaking question is depressing.

The lawyers you are speaking to are being condescendingly polite. You have no case.