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I was diagnosed with PTSD April of 2012. Recently

I was diagnosed with PTSD...

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:[email protected] or: XXX-XXX-XXXX

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6/18/2013
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,687
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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.
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Customer reply replied 4 years ago

I am in Pennsylvania

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.

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Ely
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