Is this medical malpractice?

Posted by 70sfamily | 3:47:00 PM


In July of 2003 I began to have anxiety and mild depression, when I was 19 years old. My mother took me to an MD (family practice) who first stated that I had low levels of vitamin b12, so I went in for 2 weekly injections, with little to no results. She then perscribed me the drug Effexor XR 37.5, which I began taking in august 03. My depression symptoms grew worse, so I went back to her and she uped the dosage. In october 2003 I made an attempt on my own life, and spent 3 days in ICU, 2 days in a reg. hospital room on suicide watch, and then 7 days in a psych facility and taken off of effexor all together. My depression all but disappeared, and I have not felt suicidal even once since. I actually left the psych hospital skipping.

The reason I worry that this was possibly malpractice is that the MD has also perscribed both my mother and my grandmother similar drugs, with little consultation and no recomendation of therapy. Also effoxor is not recommended to people under 25
And is also not recommended as a first psych drug, only when unresponsive to other drugs from what I understand.

After a long battle, my insurance company has refused to pay the hospital bill of $ 19,000 because I was not experiencing hallucinations or hearing voices at the time of the attempt.

This MD also prescribed the wrong drugs to my grandmother several times during her battle with dementia, as stated by her former psychiatrist.

Look, I have no problem paying the bill if it is all my fault, but i feel like the MD didn't do her job right, or even the drug itself, i've heard of similar class actions against this company.

I'll probably have to declare bankruptcy if not, because as I said my health insurance refuses to cover it.

Rewat
I recommend getting a face-to-face counsel with a medical attorney and see what they think. Your story sounds serious.

michele
Sounds to me like your physician was treating you for depression. He first ruled out that it was due to a vitamin deficiency, then started you on a very mainstream antidepressant (low dose). You didn't respond, so he upped the dose (a very reasonable course of action).

People who are depressed sometimes attempt suicide. Sounds like that is what happened here. Is this the fault of your physician? No. Is it the fault of the company that makes Effexor (a medication which has been helpful to may people)? No.

Is it anyone's fault? No.

It is unfortunate, to be sure, but certainly not malpractice. Not by a longshot.

James W
No it's not. I'm sure some type of test (maybe blood test) indicated you had low b12, so he treated you for it. She prescribed you effexor...yes, maybe it is recommended for people above age 25, but I think the key word is recommended. It does not say to try as a last resort to other medications. In fact, if it was prescribed to only people over the age of 25, the pharmacist would have said something. As far as upping the dosage...if the pot of water doesn't boil on the 5 setting on the stove...most people turn it up higher. Often any type of depression medication, or anxiety medication for that matter, can in fact increase suicidal idelations...which is clearly written on every box of medication. WIth your doctor not advising you to go see a therapist, I am wondering where that becomes his fault. You obviously went to him rather than a therapist to get prescribed medication, which is what he did. You had that choice all along as I am sure it is common sense to you, and if not you, your mother and family members would have informed you. You choose medication probably because it is quicker. As far as the insurance company not paying...i don't understand. Most of the time doctors and therapists have to do daily or bi-daily reviews with the insurance company when in a residential setting so you know right there whether the insurance company is going to pay or not. I don't understand why now they are saying they won't pay for it. I will admit, I am biased here as I am a therapist. Too many people file medical malpractice, usually settle out of court, although the medical malpractice insurance still pays for it, which drives insurance rates for providers, me included, through the roof. We raise our rates then people bitch because of how expensive office visits are, then turn around and want to suit again. The last part is obviously my opinion, but I do not think you have grounds for medical malpractice.

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