I have had 18 ect treatments over a period of 10 months 2 years ago, I was told of the short term memory effects but that they would come back in time and that long term memmory effects really wouldnt be a problem, and it was sort of brushed over. I lost 3 years of memory and have yet to get any of it back the current year I was doing ect and the two previos years are wiped out my day to day short term memory now two years later is a mess. My treatments were done at UNC chapel hill. DO you think I have a good case to go forward with.
State/Country relating to question: North Carolina
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.I want to make sure we are speaking about the same things...you are referring to Electroconvulsive therapy? If so for what purpose (what was the condition)?
Yes it was electroconvulsive therapy, it was for severe depression.(severe)
Memory loss is a known side effect of electroconvulsive therapy. So that would make a lawsuit for malpractice difficult. Not impossible...it would depend on the facts of the case (including how the electroconvulsive therapy was actually performed)...but difficult.To successfully sue for medical malpractice, you must meet four part test:1. A duty was owed - a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient. They have a "duty" to treat you with "due care". This is typically easy to prove.2. The duty was breached - the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors (the doctrine of res ipsa loquitur or 'the thing speaks for itself'). This is often the tough part...since you have to prove, with expert testimony, that, basically, the doctor messed this up...that they were "negligent". 3. The breach caused or aggravated an injury - The breach of duty was a proximate cause of the injury. If you can show they messed up, its often easy to the next step...that the mess up caused the injury. Not always, each case is different, but certainly if you can show they messed it up, you are well on your way to show that the mistake caused the injury.4. Damages - Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent.This is often the second hardest part to prove, since you need to have serious injury to convince an attorney to bring the case.Based on your description, it would depend on how the therapy as performed. You would want to have another doctor with experience in this therapy review the records to see if any clear mistake were made (for example if the level of energy or time of application were excessive).If you can show that the doctor improperly applied the therapy? Then you have a case. But if the doctor applied the therapy as is indicated by the current practice in this field (that is, they did not apply too much or for too long)? THen you would not have a case since memory loss is a know side effect.BotXXXXX XXXXXne? You want a doctor who understand this area to review the records to see if there is any indication of error...that will tell you if you have a case or not.
Employment Law Expert
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