Legal Question in Medical Malpractice in California

Re: Ritalin and Tourette Syndrome

Failure to obtain informed consent can constitute medical malpractice. You

would have to prove that the risks were not explained to you, and that had they

been explained to you, you would not have elected to use ritalin. Note that ritalin

is a very common, usually effective and safe, treatment for ADHD, so the use of ritalin

by itself is not likely malpractice.

You would also have to prove damages. You would have to prove that the Tourette's syndrome,

and whatever other damage you believe occurred, resulted from the ritalin, and is not

separately caused. There may be medical literature which will help on this. ADHD is sometimes

associated by itself with Tourettes' syndrome, but the lack of any such diagnosis in the

diagnosis preceding the ritalin may establish that this was not pre-existing.

It is probably impossible to do a medical malpractice case by yourself. You should also be aware that there

are statutes of limitation governing the time in which to file a suit for medical

malpractice. You should consult with an very soon.