In this case, you may
have a case against the physician for medical negligence, but very likely more so for the maker of the drug.
Medical negligence by a physician is defined as "a duty owed by the physician to the patient, a breach of that duty by the physician, that the breach was the proximate cause of the harm suffered, and the damages suffered were a direct result of harm." Hightower-Warren v. Silk, 548 Pa. 459, 698 A.2d 52, 54 (1997).
The problem here is that the physician followed a well-established protocol in such a situation. You'd need to show that his prescription for Zoloft was not what another reasonable physician would have done in a similar situation. This may be hard to do.
However, you are more likely to have a suit against the drug manufacturer for strict liability
. Hahn v. Richter, 673 A. 2d 888 - Pa: Supreme Court 1996
(general discussion). Under this doctrine, the drug manufacturer may be liable for any unforeseen side-effect.
May I recommend the PA Bar referral program by county - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.
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