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Has anyone sued their doctor for negligence?


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I was prescribed Klonopin when, based on my challenges (mild anxiety and insomnia) an antidepressant and some other sleep aid would have worked fine. There was no need at all for this drug. Anyone been successful suing due to negligence? Would an attorney take my case? I am not a malicious person but it's not right my life has been affected to this extent. This drug is confidence and motivation sapping and I can only imagine many taking this drug feel too horrible about themselves to call out the doctor responsible. In all of my symptoms I'm lucent enough to know that this was negligence pure and simple.
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I looked into it and still may pursue this course of action. The problem is that these doctors don’t have a clue and rely on drug reps ... so mine really thought she was doing her job correctly. She still doesn’t get it!!  Good luck!
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I looked into it and talked to a few lawyers. Apparently you have to prove life long damage as well as get another doctor to stand trial against your doctor admitting that their actions were negligent and unfortunately since these things are being given out like candy... no such luck. Then you could still try a case and pray you win but if not you just spent 1-2 years of stress and reliving it...  I decided I needed to put that time into healing even tho I wasn’t very happy.
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I was given V for muscle spasm prior to surgery, told it was not addictive at low dose for 6 weeks, accidentally CTd,  Dr tapered me way too fast, told me to "just tough it out ", severe sxs gave me a stroke. There were many things she could hv prescribed instead of that effing V, the whole thing screams negligence. My husband is a lawyer and wants to file a case against her but the stress of it all would be too much for me, it's been hell on earth so I don't want to relive it and just want to put my energy into getting better. You'd have to be pretty tough to take them on and I'm not atm, medicos hv big guns in their medical defence insurance and few Dr's will stand up and bring another Dr down.
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Hello everyone,

 

Just a reminder, in advance, that BB is not an anti doctor or anti medicine site, and we've recently tightened our rules in this regard:

 

BenzoBuddies strives to allow for freedom of opinion on nearly any topic.  This includes the care and quality of medical care members have received.  We do understand that in many cases, substandard medical practices have led people to be put on medications which they likely did not need. Sometimes this has happened without full disclosure about the medication and its potential for harm. It is unfortunate that people have come to grievous harm by simply seeking help for a problem or health difficulty.

 

It is important to have a place to vent about these issues.  Every member is welcome to speak about their personal experience in dealing with medical providers and/or the drugs/medications they were prescribed. However, as clearly stated in our community policies, we are not an anti-doctor, anti-benzo, anti-medication forum.

 

As of late, some members have disregarded this policy.  It seems they feel that they are exempt from following BB policies. Not so, since each member agreed to abide by our policies, guidelines and rules upon joining the forum.

 

BenzoBuddies is a peer support forum with a mission to encourage and support those who wish to taper off benzodiazepines.  BB is not a platform for those who wish to degrade the entire medical profession.

 

Some people have disregarded the team's efforts to remind members about this policy.  This compels us to take a stronger approach in the future.

 

1.  All posts which include general anti-doctor, anti-psychiatry propaganda will be edited or deleted by the moderation team.

 

2. If the member persists to post in this manner, Post Moderation (pre-approval control of posts) will be applied by the team.

 

Please refamiliarize yourself with BB policy by clicking on the following links:

 

Rules & Guidelines for the BenzoBuddies Community

 

Anti-doctor, Anti-psychiatrist and Anti-medicine Comments

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I was prescribed Klonopin when, based on my challenges (mild anxiety and insomnia) an antidepressant and some other sleep aid would have worked fine. There was no need at all for this drug. Anyone been successful suing due to negligence? Would an attorney take my case? I am not a malicious person but it's not right my life has been affected to this extent. This drug is confidence and motivation sapping and I can only imagine many taking this drug feel too horrible about themselves to call out the doctor responsible. In all of my symptoms I'm lucent enough to know that this was negligence pure and simple.

 

Wanting justice has nothing to do with malice.  In fact, justice served can often prevent other innocents from harm.  I will forever hold my former doctor 100% responsible for my needless suffering because he is.  Unfortunately, being a paralegal myself, I know the law tends to favor the doctors in the U.S. re such because the law goes easy on prescribing as a doctor sees fit.  I am not trying to dissuade anyone from pursuing legal action, but knowing the system as I do, I've not chosen to invest my energy and time in such.  I've worked on both sides of malpractice myself professionally, thus it's not worth it to me knowing there's a highly likely chance my former doctor's attorney would do his/her best tearing me to shreds attacking my credibility as a plaintiff as they might with any plaintiff pursuing such justice.  Of course, I would not take that personally from an attorney, as that is what one may resort to in order to defend their client.  So, in short, I've suffered enough without being further crucified in court with IMO little to no likelihood of justice being served.

 

I figure Hell may have a hot spot waiting for my former doctor as it is and thus I take solace in that form of justice.  Others call it Karma, whatever is one's preference...  (Note:  Not literally proselytizing here per se as "Hell" and "Karma" can be interpreted in a variety of ways including, "What goes around comes around." as well).  Yes, he is truly a very bad doctor whom by his words and actions appears to have no conscience whatsoever in such matters.  I was later informed by another health professional he has seriously harmed a countless number of patients.  However, in spite of his own medical professional peers in the local community showing utter disgust with his malpractice sans any show of conscience, he continues practicing, because he has the upper hand with the law going easy on such prescribing practices.

 

However, I have been informed by a friend who works in the medical community, that prescribers guilty of such malpractice are sometimes being prosecuted by the government for Medicaid fraud in the U.S.  One can only hope this may also be an indirect result of malpractice complaints made.  Such cases can face serious threat of incarceration time for such.  Kind of like finally busting Al Capone on a tax evasion bust, in spite of the fact he was guilty of so much more.

 

Disclaimer:  In keeping with the forum rules of not attacking the medical field as a whole, may I reiterate here, I am writing here specifically of malpractice and my personal experience with my former doctor.

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In this rotten excuse for a country I filed a complaint. Subsequently, in a quasi-legal procedure he was judged by his peers ... and acquitted. Releasing new medical records, specialized lawyer ...

 

Doctors are most above the law in NL.

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an antidepressant and some other sleep aid would have worked fine.

 

How do you know this?

 

There are many many cases where antidepressants and other sleep aids have had equally as difficult (if not more so) challenges.

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Well, in addition to what I wrote above, there is also the court of public opinion in regards to malpractice.  Public opinion = new patients and patients who remain patients.  If anyone thinks I've not spread the word all over town and to all the right people, including many within the medical community (referrals matter), they would be mistaken.  Word of mouth can indeed influence a practice and make it or even break it eventually.  Where there is a will to try to get some form(s) of justice, there's a way.  One could argue I may be unknowingly spreading the word to colleagues who have my former doctor's back.  Oh well, he would have a very difficult time disproving the number of ER visits, ambulance rides, my self-initiated fleeing from his care to detox, all witnesses to my seizures, etc., etc. in any court of public opinion.  His reputation amongst many regardless of my input already speaks for itself as well as mentioned above.  I almost laughed when a doctor felt the need to warn me not to return to his care after having told this doctor how much I suffered from his malpractice.  I suppose some people choose to endure further pain and agony inflicted upon them by such malpractice, but not me.  Last but not least, his name was recorded by so many providing emergency care to me as my prescribing doctor and that speaks for itself. 

 

 

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I was prescribed Klonopin when, based on my challenges (mild anxiety and insomnia) an antidepressant and some other sleep aid would have worked fine. There was no need at all for this drug.

 

 

Did you suggest to the doc that maybe "... an antidepressant and some other sleep aid would have worked fine" ?

 

Just curious.

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I have not and do not intend to because of the high stress involved with litigation and being so disabled that I can barely leave the house, let alone attend any court proceedings.

 

I am very passionate about warning people in real life about the dangers of high potency benzodiazepines (Ativan, Xanax, Klonopin), as well as the overall dangers of the entire class. It's no secret that many people that end up on this site had been prescribed Ativan or Xanax or Klonopin long term at some point.

 

I'm pretty sure that people do sue and win, but clauses and contracts are signed and if any monetary rewards have been dispensed, there is a stipulation that a person shall not talk their history or case with anyone anymore.

 

Had I stayed with my original prescribing doctor, perhaps my chances of suing would have been higher, but considering that he quadrupled my benzo dose just to send me back to work and would fail to sign off my leave of absence (which my employer was more than happy to give me) after I got even sicker on the new dose, as well as from Lexapro that he was insisting that would work on me (it didn't. Lexapro sent me into ER), I realized that I had to run away from him to save my own life.

 

Once I changed the doctor, I did put a complaint about him through my health insurance and mentioned his lack of compassion, courtesy and professionalism in the complaint. The insurance company took the complaint very seriously.

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I am in Canada, so it is essentially impossible to successfully sue a doctor for malpractice here. The number of patients who win their cases is less than 1% and probably closer to 0. But I do plan on engaging in some activism after I have improved enough. It seems pretty clear that the medical community does not put a high enough priority on patient safety and they have become enamored with prescribing drugs for every problem, few of which are much better than placebo. This is part of the reason healthcare is now the 3rd leading cause of death. It seems like they could be a little more critical in interpreting clinical trial data. You should not have to possess a graduate level science education just to protect yourself as a patient. Hopefully we can change things a bit, through the legal system or other avenues.
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Thank you, Jess.  Another link which ties in to what I've previously posted as well.  Specific cases cited here. https://www.fbi.gov/investigate/white-collar-crime/health-care-fraud/health-care-fraud-news

 

Data_Guy, I find it admirable you intend to engage in some activism after you have improved enough.  I think all who step/have stepped forward in any way(s) they can to hopefully prevent other uninformed individuals from suffering needlessly is a very good thing.

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I was prescribed Klonopin when, based on my challenges (mild anxiety and insomnia) an antidepressant and some other sleep aid would have worked fine. There was no need at all for this drug.

 

 

Did you suggest to the doc that maybe "... an antidepressant and some other sleep aid would have worked fine" ?

 

Just curious.

 

I know, builder, we should be acknowledging Dr.’s for their knowledge, candor and bravery. After all, the onus to protect ourselves is on us. “Do no harm” is like a pleasantry. And there are “so few” of us. Being “outliers,” we hardly matter! What is principle when brain washing is involved? It’s nothing!

 

We are so insane here to be thoroughly upset, whatever happened to us here certainly was not “bashing,” why should we bash back.

 

That would be like trimming a fingernail for taking an eye, and it makes more sense to forgive and turn the face so they can gouge out the other eye (temporarily, we hope.)

 

After all, there is liability and this trumps all things... even the truth. Because the rules we play by are the same set of rules which give a corporation entity the same rights as a human being... wait I know this is true here in the US.

 

You get the picture.

 

But you’re right, silly patient, why didn’t they just speak up!?

 

Silly, stupid us. But! We must follow the rules and law, after all some of them actually do make sense and probably protect the serious service (in truth) this site provides... but it probably is a good idea to really be sure that we remember just how ridiculously stupid we are as patients, and how infinitely wise and noble the entire medical profession is.

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Silly, stupid us. But! We must follow the rules and law, after all some of them actually do make sense and probably protect the serious service (in truth) this site provides... but it probably is a good idea to really be sure that we remember just how ridiculously stupid we are as patients, and how infinitely wise and noble the entire medical profession is.

 

Yep, the condescension with which patients are treated rings pretty hollow once something like this happens and you realize they knew almost nothing about the drugs they were prescribing for, in some cases, years. It's a shame most people aren't made aware that the doctors are probably the most dangerous people you will encounter on a regular basis, if measured by the probability of being seriously harmed or killed.

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Thanks everyone for your insight. It appears I would need to prove beyond a shadow of a doubt that my life has taken a downward spiral after this med was prescribed and of course a downward spiral is what I fight almost every minute of every day to prevent.. There's no way to quantify how this drug has impacted me. By appearances I'm doing ok when really I'm not. There's no way for me to prove I likely would have received a promotion at work by now if not for my onset of cognitive delay and failed memory or that my third grader is now better at understanding math than I am or the bad decisions that have resulted from this needless drug. And even if I could prove that the odds aren't in my favor. Doctors really have the perfect crime here as we are so debilitated after they've harmed us we can't fight back. I'll most definitely provide feedback about this "doctors" in all ways possible online and otherwise and hope this may warn others. And I'll educate others about these drugs. I guess that will have to do.

 

I'll note that this post is not intended with malice towards all doctors but only to the ones who have practiced negligently and harmed others.

 

As for the few victim shamers who responded, this post was not intended for you.

 

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Looking at several siggys, its obvious that many (most?) of you took your benzos for 4, 5, or more years.

 

So did you not see an obvious, positive, therapeutic effect?  And if they did not benefit you, why did you continue to take them?

 

FYI, I was fully cognizant that I would very likely develop a benzo dependency, but the therapeutic relief that they gave me justified whatever difficulties that followed.  If my original underlying disorder ever returned, diazepam would be my first, go-to therapy.  I even keep some of my old stock om hand, just in case.

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Looking at several siggys, its obvious that many (most?) of you took your benzos for 4, 5, or more years.

 

So did you not see an obvious, positive, therapeutic effect?  And if they did not benefit you, why did you continue to take them?

 

FYI, I was fully cognizant that I would very likely develop a benzo dependency, but the therapeutic relief that they gave me justified whatever difficulties that followed.  If my original underlying disorder ever returned, diazepam would be my first, go-to therapy.  I even keep some of my old stock om hand, just in case.

 

I can't answer your question because I took them 8 months, builder.  I cannot speak for anyone else, but longer term cases suffering horribly have nothing but my empathy.

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Builder,

 

Everyone is different.

 

Some people just don't know. They had too much respect for/trust in the doctor. Some people knew it wasn't entirely safe, but not that it was as dangerous as it turned out to be. Some people were really messed up by their doctors. And life can be unpredictable.

 

In my case, starting clonazepam was not my idea. I had no idea how dangerous it actually was.

 

'So did you not see an obvious, positive, therapeutic effect?  And if they did not benefit you, why did you continue to take them?' Drugs can lie, doctors can lie, and usually it's a lot harder to start taking them than to stop. If memory serves me, you were on (about?) 10 mg diazepam. Long term daily use of high potency benzodiazepines tends to be much harder, and the Ashton manual is much less suited for those situations.

 

 

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Looking at several siggys, its obvious that many (most?) of you took your benzos for 4, 5, or more years.

 

So did you not see an obvious, positive, therapeutic effect?  And if they did not benefit you, why did you continue to take them?

 

FYI, I was fully cognizant that I would very likely develop a benzo dependency, but the therapeutic relief that they gave me justified whatever difficulties that followed.  If my original underlying disorder ever returned, diazepam would be my first, go-to therapy.  I even keep some of my old stock om hand, just in case.

 

Actually, I tried to taper 1yr 9mo.’s after I first started... that’s a little past the recommended prescribing timeframe of 2-4 weeks I had no idea that doctors were supposed to follow but it isn’t four years either.

 

I am sure by now I could have had much better medical care when I was originally rx’d for PTSD from an abusive relationship.

 

What I needed was counseling for PTSD and abuse and for someone to see that I needed to go for help because I was an alcoholic trying to self medicate with alcohol and marijuana for trauma, grief and abuse.

 

What I needed was someone to hear me and actually look at my actual patient history, life circumstances and trauma and perhaps be on the antipsychotic I was on, be helped properly with ptsd and grief and get information and direction about what to do when you have been in an abusive relationship with a personality disordered individual. I needed to know what personality disorders even are.

 

What else I likely needed was someone to tell me you have to make the choice to get help for alcohol and stop drinking— now. You need support and appropriate and effective counseling for these specific needs and we will allow you to be on Xanax for four weeks but after this it is not recommended and at the most what we can do is cross you over to Valium (diazepam) and do a fairly rapid taper from there.

 

Someone to say that the longer you are on a benzodiazepine, especially a highly potent one, the more the dangers increase and it is not just addiction we are talking about. Please go online and see how there are people who have ended up much worse staying on these long term, and apart from all of this we are not entirely sure about the potential other health risks and carcinogenic properties of benzodiazepines.

 

Something along those lines, and probably I could have received much safer and more effective therapy and medical counsel from a therapist and psychiatrist who saw my grief for what it was, and family dynamics and family medical history, at sixteen and didn’t immediately reach for a prescription  for Prozac but instead explained some truth to me and helped me learn how to actually feel my emotions and learn about healthy boundaries. Probably some things to look out for and help me see what kind of choices are available to teenagers and why some feel the need to rebel or disappear into their parents and all the real things about life and consequences and family dynamics and emotions that people know and never talk about because they are too frightened or ashamed to face and recognize for whatever reason. The parts about life which are discoverable by people who profess to devote their lives to the study of the human psyche and human relationships and mental health. There is a kind of advice that could have helped me, and could help others too with various kinds of individual life circumstances and scenarios, and there also is a way to sit with someone and allow them to feel their emotions and to feel safe and validated, and to help them with life skills and strategies for personal development and self protection... and even facing existential questions. There are ways to do these things and they are not all highly complicated. Self-calming techniques, many things.

 

The basic things that therapists and psychiatrists should really understand better by now, the things I am finally seeing in all their paired-down practicality and the things it shouldn’t have taken years of clueless and helplessly scared and uninformed living to barely survive through to find out.

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Looking at several siggys, its obvious that many (most?) of you took your benzos for 4, 5, or more years.

 

So did you not see an obvious, positive, therapeutic effect?  And if they did not benefit you, why did you continue to take them?

 

FYI, I was fully cognizant that I would very likely develop a benzo dependency, but the therapeutic relief that they gave me justified whatever difficulties that followed.  If my original underlying disorder ever returned, diazepam would be my first, go-to therapy.  I even keep some of my old stock om hand, just in case.

 

Actually, I tried to taper 1yr 9mo.’s after I first started... that’s a little past the recommended prescribing timeframe of 2-4 weeks I had no idea that doctors were supposed to follow but it isn’t four years either.

 

I am sure by now I could have had much better medical care when I was originally rx’d for PTSD from an abusive relationship.

 

What I needed was counseling for PTSD and abuse and for someone to see that I needed to go for help because I was an alcoholic trying to self medicate with alcohol and marijuana for trauma, grief and abuse.

 

What I needed was someone to hear me and actually look at my actual patient history, life circumstances and trauma and perhaps be on the antipsychotic I was on, be helped properly with ptsd and grief and get information and direction about what to do when you have been in an abusive relationship with a personality disordered individual. I needed to know what personality disorders even are.

 

What else I likely needed was someone to tell me you have to make the choice to get help for alcohol and stop drinking— now. You need support and appropriate and effective counseling for these specific needs and we will allow you to be on Xanax for four weeks but after this it is not recommended and at the most what we can do is cross you over to Valium (diazepam) and do a fairly rapid taper from there.

 

Someone to say that the longer you are on a benzodiazepine, especially a highly potent one, the more the dangers increase and it is not just addiction we are talking about. Please go online and see how there are people who have ended up much worse staying on these long term, and apart from all of this we are not entirely sure about the potential other health risks and carcinogenic properties of benzodiazepines.

 

Something along those lines, and probably I could have received much safer and more effective therapy and medical counsel from a therapist and psychiatrist who saw my grief for what it was, and family dynamics and family medical history, at sixteen and didn’t immediately reach for a prescription  for Prozac but instead explained some truth to me and helped me learn how to actually feel my emotions and learn about healthy boundaries. Probably some things to look out for and help me see what kind of choices are available to teenagers and why some feel the need to rebel or disappear into their parents and all the real things about life and consequences and family dynamics and emotions that people know and never talk about because they are too frightened or ashamed to face and recognize for whatever reason. The parts about life which are discoverable by people who profess to devote their lives to the study of the human psyche and human relationships and mental health. There is a kind of advice that could have helped me, and could help others too with various kinds of individual life circumstances and scenarios, and there also is a way to sit with someone and allow them to feel their emotions and to feel safe and validated, and to help them with life skills and strategies for personal development and self protection... and even facing existential questions. There are ways to do these things and they are not all highly complicated. Self-calming techniques, many things.

 

The basic things that therapists and psychiatrists should really understand better by now, the things I am finally seeing in all their paired-down practicality and the things it shouldn’t have taken years of clueless and helplessly scared and uninformed living to barely survive through to find out.

 

At the very least, though I understand that the world is a complete mess, it seems we all could have been warned. Certainly this is reason enough for someone to consider starting a thread about whether anyone here has persued legal action.

 

To be battling the effects of a drug prescribed by a doctor for four years and counting and nearly loosing one’s life repeatedly in the process is something a patient probably should have been warned about as a potential outcome of using said “medicine.”

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