Legal Question in Medical Malpractice in Indiana

I was prescribed a medication that I informed medical staff I had an allergy to. This medication Vigamox also has some serious adverse reactions and long term side effects. I was given a sample with no medication information, nor was I informed by the doctor. My questions, Is it a doctors responsibility to inform patients of serious and potentially permanent side effects when giving a sample? Also, how long after stopping the med would the side effects become a permanent conition and not just a long lasting side effect? And what makes an injury worthwhile to make a claim on in the opinion of the law? Would some vision loss (not blindness) and photosensitivity that occurs randomly and without warning and greatly effects the safety of your driving be considered "enough"?


Asked on 2/05/11, 9:44 am

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Answer 1: A doctor should definately discuss side effects of a sample.

Answer 2: A doctor (preferably a different one). should be able to tell you whether it is permanent.

Answer 3: Every case is different. However, as terrible as this may sound it is a business decision by the lawyer as these cases are taken on a no recovery no fee basis. Medical malpractice cases, especially in Indiana are very work intensive and can be expensive, Therefore the injuries need to be large enough to make it worth the attorneys investment in time and to make sure that the victim of the malpractice is receiving a substantial recovery.

Answer 4: That would depend on many other factors.

I believe that this is your second posting, although I am not sure. You really need to consult with a medical malpractice attorney.

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Answered on 2/05/11, 10:09 am


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