How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89141
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

I was diagnosed with PTSD April of 2012. Recently

Resolved Question:

I was diagnosed with PTSD April of 2012. Recently my Doctor decided to double my dose of Zoloft. From day one of the increase, I had problems. Vomiting at work, unable to concentrate like I should. I make a phone call to complain/address the issue. All they say was "its a normal reaction" I'm like regardless if it is so called normal to feel this miserable... I DO NOT WANT TO FEEL THIS WAY. They never did anything about it. A week later my whole body became stiff. Almost like charlie horses throughout my entire body. Completely miserable...made it hard to sleep, and painful to walk. I call once again to address this issue and make it be known. My Doctor asks me if I worked out. I replied I did, but didn't do anything different than normal. Further explaining it wasn't the kind of soreness you get from working out. It was stiff and painful...and throughout my body. Not as if it were a pulled muscle in my leg from an exercise. Instead of getting me in there to evaluate me herself... she tells me that I needed to go to my PCP Dr. And get a physical and evaluated through them, in addition to getting a written note stating that the muscle soreness was in fact not caused by any type of working out.......and THEN my Dr. at the Guidance Center would schedule an apt. with me to further look at this issue. REALLY!??!??! a week later at work I started getting dizzy. Becoming confused, and couldnt even carry on a conversation. Then my wole body began to twitch. I couldn't breathe unless I focused on it and made sure to take breaths. I was hallucinating.... Couldnt walk at all without passing out/falling over. Had sky high blood pressure and an at rest heart beat which I have ALWAYS had perfect blood pressure. I was diagnosed with Serotonin Syndrome which is a life-threatening reaction to serotonin... aka my zoloft. It attacks your central nervous system releasing toxins throughout your body. I could have very well died that day. And when I DEMANDED to see a new doc. going in to my apt today a little hostile, and rightfully so. I showed up at 9:15 just like the message on my vm said and they gave me a huge issue to reschedule because i was supposed to be there at 9:00 even though I could prove it was set at 9:15 due to my vm. After I get a little angry and ask them if they even realized that because of them I almost died....All they say was 'ok sorry' as if they were apologizing for giving me a chicken dinner instead of a steak...... They are very unprofessional and with their profession should be more compassionate and they are anything but. All they care about is shoving pills down your throat and getting a paycheck. My mind is BLOWN!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Is there any legalities that can be done?! Even if its to hold them accountable for the ER Bill (as i have zero insurance coverage?) Thank you for your help, Leanna XXXXXXX ** I can also be reached at:XXX@XXXXXX.XXX or: XXX-XXX-XXXX

Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me what state this is in?

Also, I cannot call, I am afraid, and can only communicate via this medium.

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

I am in Pennsylvania

Expert:  Ely replied 1 year ago.
Thank you.

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.

Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89141
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 9 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Ely
Ely
Counselor at Law
20662 Satisfied Customers
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.