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  #1  
Old 09-12-2002, 08:32 AM
dadrummer
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Question

actions in one state used in another?


What is the name of your state? MS.
My wife and I are presently involved in a med-malpractice suit. The suit allleges, in part, the attending physician failed to consider a diagnosis of Neuroleptic Malignant Syndrome which developed as a side effect of a medicine, Haldol, he himself prescribed.
While researching NMS I ran across this statement. "On March 11, 1998, California's attorney general began formal disciplinary procedures. The AG filed an accusation with the Medical Board against Levesques's treating doctor. Discipline may include suspending or revoking of a doctors license to practice medicine. The AG's accusation adopted many of the facts and allegations in PAI's complaint. It charges that Levesque's care was an extreme departure from the standard. It notes that when Levesque failed to respond, the doctor:
* Did not recognize, or even consider, drug-related side effects and toxicity as a possible explanation of Levesque's worsening condition and
*Did not seriously consider a diagnosis of Neuroleptic Malignant Syndrome, which Levesque's symptoms indicated, and which doctors should always consider when using antipsychotic drugs.

The AG's accusation is precedent-setting. It may be the first time the Medical Board has specifically addressed the standard fo care for diagnosing neuroleptic malignant syndrome-a potentially fatal effect of antipsychotic drugs". That is the end of the statement.

This is my question. Since I live in a different state could this action in California be a part of our case in MS? Reading this statement as a layperson, it seems to be a very serious action against the doctor.
I have previously posted questions regarding my litigation before it became litigation and Ellencee and vzirn were kind enough to reply to those postings.
  #2  
Old 09-12-2002, 09:44 AM
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Precedent established in one state if often used in other states so I'm thinking it would be the relevance of the issue that would matter.
Malpractice had already been established in this case and the precedent is set in another area, that of diciplinary procedure. Find the malpractice case itself and use the rulings from the malpractice case that apply to your situation. If the wording from the malpractice case is quoted in the AG's disciplinary action, you know it has to be available somewhere.
I think it surely would enhance your claim.
How is your wife doing? I don't recall an update on her condition in quite some time!
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  #3  
Old 09-12-2002, 06:59 PM
dadrummer
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Thanks ellencee,
I had hoped you would reply to my post and thank you very much for doing so.
My wife, Fran, has experienced so much weight loss, primarily due to muscle wasting, a feeding tube had to be inserted just this morning. She became so weak it got to the point she couldn't even get out of bed. The Dr. said her pancreas had quit producing (?) enzymes so now she will be on Creon 20 for awhile.
Hopefully she will regain her strength and eventually her muscle tone. Thank you for asking.

Just a side note. As I stated we are in the infant stages (1st interrogatories) of litigation on her claim. Believe me, I had no idea what a challenge it would be. The questions are unbelievable. It is a no holds barred questionaire that leaves no stone unturned. So, to those who have never been in serious litigation and are considering it, "hold on to your drawers!!"
I am not saying do not pursue it if you have cause, but I am saying if your ducks are not lined up you'll be eating duck soup!!

Anyway, thanks again ellencee and I'll make it a point to keep you posted**************
dowop
  #4  
Old 09-13-2002, 01:35 AM
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dadrummer
listen to Pat Boone's Love Letters in the Sand for me, or accompany him on the drums for me!
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  #5  
Old 09-13-2002, 03:52 AM
dadrummer
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ellencee,

You got it....great tune!!

dowop
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