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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Can I sue a former doctor prescribing large quantities of

Customer Question

Can I sue a former doctor for over prescribing large quantities of very strong prescription medications that caused me to go in for emergency surgery? I also had Pancreatits 3 times. Not only large amounts, but multiple. He was giving me thousands of pills a month. He told me to just go to different pharmacies to have them filled. I know I could have said no, but he said they were ok to take ( for years ) and gave me more and more over time since your body builds a tolerance. Since I do have Endometriosis. I did need some type medical relief. I do think he my have had other things he hoped that would happen. he would hug me all the time, tell me I looked pretty, loved how I smelled, and make references about my body. He already lost his license for having a physical relationship with at least 1 patient. Now that I'm not in that situation anymore I see how close I was to not being here anymore. You would probably agree if you saw what he was giving me. I'm a wife and a stay at home mom. I don't drink. I feel I was caught up in a bad situation for almost 10 years. thank you for your time.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

I am sorry to learn of this situation. I can provide you with some general information regarding medical malpractice claims, but to explore your case in detail, you really need to speak with a local attorney (based on what you posted, it seems like you also have claims outside of the medical malpractice claims for inappropriate conduct - if you have not already done so, you can report this conduct to the State Medical Board, but if you are going to pursue legal action, please speak with your attorney first, as this should be done strategically in conjunction with your medical malpractice case and your attorney will help you - if you are not going to pursue a civil case, please report this bad conduct, these types of professionals need to be disciplined by their governing bodies, and multiple reports are what lead to their license being removed permanently).

Medical malpractice claims are based on expert testimony, this means you, or your attorney, will need to find a medical expert in the same, or similar field, to testify as to the standard of care in the industry, whether your physician or facility's conduct fell below that standard, and whether that negligence was the cause of your injury. The same (or a different) expert can then testify as to your projected future damages and cost of medical care.

Due to the complexity of these claims, I highly recommend that you retain a medical malpractice plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment).

You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).