Tuesday, August 24, 2010

Would I sue the doctor or birth control company?

Okay so I started taking loestrin 24 Fe and developed a blood clot in a deep vein and my doctors said it was due to taking birth control and my family doctor said any doctor with common sense would never put me on birth control because I have a disease that puts me at a very very great risk to get blood clots.So wouldn't the obgyn that put me on the pill have my charts and known about my disease? Should we sue the obgyn or the birth control company? Me and my mom never knew anything about birth control causing blood clots the obgyn never informed us of this. This is not a money thing having this blood clot has put me through hell as well as my mom. Also alot of medical bills and I have to take medicine for the rest of my life because of this blood clot.





Thanks so much!Would I sue the doctor or birth control company?
';Common sense'; is not a legal concept since everyone's opinion about common sense is different. Good luck trying to win any lawsuit on that premise.





But don't take my word for it. In order to file a lawsuit, you'll need an attorney to do so. Since, in these kinds of cases, they only get paid if they win, they tend to shy away from unwinnable cases. Let us know if you find one to take yours.Would I sue the doctor or birth control company?
I believe the dr should have informed you of the side effects of taking birth control. However, your ob/gyn would only know about the disease if you told him/her about it.


The birth control company has no knowledge of your medical history and the blod clot side effects would be listed in the information sheet given to you at the time you received your prescription. I don't think they have liability in this case.
Ok


well if you want to know who to sue, contact a lawyer.





Anyway, the drug company doesn't really have a case to answer to because they let people know the dangers of their drug.





It was prescribed outside of the rules.





You would have to prove that the prescribing doctor prescribed incorrectly. If they were incorrectly informed, that is they asked you about medical conditions and you didn't give the correct information, then they have no case to answer to.
See a lawyer to determine if your doctor was negligent in not realising you had a pre-disposing condition and notifying you/not putting you on bc. It could be the doctor was not neglience.





I don't see how you could sue the bc company because a blood clot is a risk of the pill and it's well-known and in all the pill leaflets etc. so I doubt they would be liable.
well it depends, did they no about ur disease before giving u the drug? How bad is the blood clot? Do u have any damages? How bad? i say call an attorney to see if u have a case. most attorneys have free consultation
My first question is - did the ob/gyn know about this medical condition in the first place?





My second question - did you _read_ the paperwork your pharmicist gave you when you had the prescription filled?
A warning label should be on the box. Its most certainly on teh very front page of thier website that it can cause blood clots and Ive seen their commercials. You not knowing about the blood clots is your own fault. You should ALWAYS ask your doctors the side effects about pills they give you. That was your own ignorance. However, the doctor who gave them to you is at fault. He should of had your info. You cannot sue the birth control company because they give all the proper warnings about thier product.





Addon: I thought about it for another minute and I think your at fault. You, a person, knowing that you have this disease did not take the proper steps to protect yourself. You did not read the warning labels, you did not research the medication, and you did not talk to your doctors or even tell him about your disease.
You need to contact a lawyer immediately, but they will tell you that there is little if any case there. You have absolutely no chance of winning a case against the pharmacutical company, they have too much power in government. Your chances of winning a case against the doctor are also very slim; doctors go by a practice called ';Informed consent,'; which basically means all he has to do is tell you what medicine he wants you on - and if you agree you are thereby omitting him of any responsibility. I know it is a sad and tricky thing, but our government is structured to protect doctors from malpractice suits.
Birth control company - the pill contains warnings that it increases chances of blood clots. You chose to take the pill even though this warning is plastered all over the insert that comes with the package.





Doctor- Could possibly be liable if was aware of your disease and still put you on the pill. However, you haven't given any information that indicates that your doctor had your charts. You cannot assume that any doctor has your previous medical information, even if they are in the same clinic. That's why the dr. office makes you fill out the dang medical history form every single visit. If you knew about your disease and didn't report it to the doctor, then dr. would not be liable. Even if Dr. knew, Dr. could only be liable if it is common knowledge in the medical community that the disease puts the patient at great risk to have blood clots. Dr. does have responsibility to give patient enough information to allow patient to make informed choice - that is why it is called ';informed'; consent. If your doctor did not discuss the increased risks of birth control and your disease, it is possible that dr. could be considered liable. You need to speak with a lawyer.

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