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 ScottyMacEsq Your Own Question

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11933
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Legal Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

my sister committed suicide and was on a medication that when

Resolved Question:

my sister committed suicide and was on a medication that when listed from the internet caused suicidal tendencies but was not on the list of side effects from the pharmacy. when the police arrived they asked if she was taking any medication, my mother said no because she thought she stopped taking it. my sister was very outgoing very happy, she showed no signs of depression or of suicide. but her autopsy took to long that the toxicology report did not show the drug in her system, but she was missing some from the bottle.
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. Can you tell me when this happened? Was she ever told that suicide was a possible side effect (not just at the pharmacy, but by her doctor, etc...)?

Customer:

oct 13 2012, no we researched it after the fact, and found a different side effect list online

ScottyMacEsq :

How old was she? Did she have any children, etc...?

Customer:

she was 15

ScottyMacEsq :

Were there any other factors that could have led her to suicide? (while a side effect is a very persuasive issue, other factors could support or mitigate this specific factor, and infer some other cause)

Customer:

no, she was very outgoing, played in all sports, worked out, was very active,

ScottyMacEsq :

And what type of lawyer did you actually visit? Was there any reason that he/she gave you for saying that nothing could be done?

Customer:

he said since the drug didnt show up in the toxicology report there wasnt anything he could do

Customer:

i didnt visit him, i just called him and explained the situation,

ScottyMacEsq :

The toxicology report is a problem. Unless the drug changed the underlying structure of the brain and had lasting effects after the drug has left the body, causation will difficult to establish in such a situation. To be able to win such a case, it would need to be proven that but-for her taking the medication (and it would also need to be proven that she did) she would not have committed suicide.

ScottyMacEsq :

Further, it would need to be proven that she never was informed of this by anyone.

ScottyMacEsq :

That way, they could not say that this was an assumption of risk.

ScottyMacEsq :

Finally, damages would need to be proven. Now while I understand that she had her entire life in front of her, it's not known what she would have done.

ScottyMacEsq :

And I don't want to sound inconsiderate, but ultimately damages really do boil down to earnings throughout one's lifetime.

ScottyMacEsq :

Her earnings if she were to live according to the actuarial tables would be reduced to present value, as the damages.

ScottyMacEsq :

And even then the jury would need to agree that these were the actual damages.

ScottyMacEsq :

Now I would suggest contacting some other attorneys, particularly class action attorneys.

ScottyMacEsq :

You see, medication litigation tends to be very very expensive because of the expert testimony needed.

ScottyMacEsq :

Class action lawyers are typically the only ones that can afford that.

Customer:

k

ScottyMacEsq :

(since they deal in volume, rather than individual cases)

ScottyMacEsq :

But again, it would need to be established that even though she didn't have it in her body, that it still contributed primarily to her suicide. And that would need expert testimony to show.

Customer:

so i need to find a clas action lawyer to get a expert on the medication to prove she was on it rather than the toxicology report,

ScottyMacEsq :

If it's something that should have shown up in the toxicology report, and didn't, there would need to be expert testimony to show that nonetheless the drug changed the brain chemistry such that it didn't need to be in the bloodstream to cause the suicide.

Customer:

k

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

tyvm

Customer:

you answered all my questions

ScottyMacEsq :

My pleasure.If there's nothing else, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11933
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 12 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.