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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117420
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I had stomach sound scope Jan.28,2015.About 5 hrs later,I had

Customer Question

I had stomach sound scope Jan.28,2015.About 5 hrs later,I had a grammar seizure.My husband looked up on the net the meds they had given me.One was Midazolam,which can cause seizures,anxiety,irritability,some memory loss & several other things which I have had,pluss I had 2 more seizures about 3 weeks ago.I had also gotten mad at my husband prior to the other 2 seizures & stayed at Holiday Inn here in MWC.They changed me to another room,cause some others had reserved that rm,which had 2 queen size beds & in the process of switching to another rm,I was a little disoriented &slipped on the floor breaking my arm,which I believe was caused from a side effect from that medication.They didn't give me a choice on what to take or tell me the side effects.I have had several stomach scopes in the past & never had problems before.Do I have a case?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, not every side effect experienced from a medical procedure is malpractice subject to a lawsuit. In order to have a case for malpractice, the patient must prove that the doctor acted below the reasonable standard of care. This means that a doctor would be needed as an expert to review the medical record and examine you and would have to testify that the doctor acted below the reasonable standard of care and how they did so to know if you have a case to sue the doctor for malpractice.
You may have a case against the manufacturer for product liability if they did not provide adequate warnings about these particular side effects. A product liability attorney would have to review the package inserts and documentation to determine if they properly provide doctors and patients with warnings about these side effects.
So you need to get your medical records to a local medical expert to review to determine whether or not the doctor acted appropriately and had proper warning about the side effects of the medicine to determine how strong a case you would have. Without an expert agreeing that the doctor was acting below the reasonable standard of care, the law says a suit cannot be filed in court.
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply. I apologize but I am not set up for phone calls and we find that most of these situations can be explained in this forum without incurring the customer an extra fee for using the additional services.
If you would please use the "reply" button we are more than happy to continue working with you to respond to any further questions you might have.

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