Legal Question in Medical Malpractice in Connecticut

Mental trauma to family.

Hi,

I was diagnosed for Depression 2 years back.

I started receiving treatment by our Healt crae provider

HMO with a mild dose od celexa.

The drug was changed few months ago & the dosage was increased 100% after start (1 month) of treatment of medication.

This caused me to have 1 big seizure.

Fortunately i was not injured physically or mentally.

But, it caused lot of panic & mental trauma to my family.

The medicine has side effects documented for this dosage.

Question: can we sue the HMO or Doctor for causing us

mental trauma etc, successfully.

Please help or guide in knowing our position on this or who

could help.

thanks,


Asked on 10/16/02, 6:54 pm

3 Answers from Attorneys

Dennis VanDerGinst VanDerGinst, Roche & Westensee, Ltd.

Re: Mental trauma to family.

We do not handle these types of cases.

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Answered on 10/21/02, 4:13 pm
Scott Diamond DIAMONDLAWYER

Re: Mental trauma to family.

You may have a right to sue but without a perm. damage, the value of the case is not substantial

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Answered on 10/17/02, 9:29 am
Zachary Bravos Law Offices of Zachary M. Bravos

Re: Mental trauma to family.

Recoverable damages from malpractice and products liability case may include emotional pain and suffering if they are the natural and probable consequence of the wrongful act, however, malpractice actions are exceptionally difficult to maintain. What�s more, the nature of such damage is intangible and it�s unlikely a judge or jury would award you very much.

Your family cannot recover, only you.

To win your case, it is not sufficient for liability to show that that you were harmed by medical treatment or a drug, or that there were complications, or that you did not heal. Simply stated, you must prove that somebody did something wrong (e.g., negligent) and that the wrongful act harmed you. Wrong does not necessarily mean �made a mistake.� The professional�s conduct must fall below the minimum standards, and you must prove this by the testimony of a qualified professional.

This e-mail reply does not constitute legal advice and does not establish an attorney-client relationship. We provide responses to email questions for information purposes only. The information is provided as a convenience, and we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information.

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Answered on 10/17/02, 10:18 am


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