Mental health malpractice/misdiagnosis involving 4 doctors

[JGav95]

Hello. I am a 23 year old male, I have multiple mental health diagnoses, and I recently was granted SS disability. My problems started when I was 4. They diagnosed me in the beginning with ADHD and Asperger's. From preschool up I have been struggling. From day one I've dealt with 4 doctors, and they all just kept upping dosages and trying pill after pill without ever finding out what was actually wrong. I wound up being Hospitalized via 302 when I was 20. That's when their doctors figured more out. Now I see a doctor that is great. Since I've been fighting for disability for 3 years, I was hoping to file a lawsuit against those 4 doctors, and possibly the pharmacutical companies as well as one of the medications made me go from a healthy 80 lbs to 120 lbs in 5th grade. Long story short, my main concern is how much should I ask for?

 

[Zigner]

What US state?

In the US, based upon what you have posted, it doesn't seem that you have a case. You haven't stated anything that sounds to be out of line for what would be considered acceptable treatment. You are free to consult with a local attorney if you wish to have another opinion.

 

[quincy]

Hello. I am a 23 year old male, I have multiple mental health diagnoses, and I recently was granted SS disability. My problems started when I was 4. They diagnosed me in the beginning with ADHD and Asperger's. From preschool up I have been struggling. From day one I've dealt with 4 doctors, and they all just kept upping dosages and trying pill after pill without ever finding out what was actually wrong. I wound up being Hospitalized via 302 when I was 20. That's when their doctors figured more out. Now I see a doctor that is great. Since I've been fighting for disability for 3 years, I was hoping to file a lawsuit against those 4 doctors, and possibly the pharmacutical companies as well as one of the medications made me go from a healthy 80 lbs to 120 lbs in 5th grade. Long story short, my main concern is how much should I ask for?

Any claim considered now could be time barred. What is the name of your state?

 

[Taxing Matters]

Long story short, my main concern is how much should I ask for?

Whoa, slow down there — you're getting ahead of yourself. Before asking how much you should seek, you should first ask a lawyer in the state(s) where the alleged malpractice occurred to see if (1) the statute of limitations (SOL) to sue has a expired and (2) if the SOL has not expired, whether you have a good case for malpractice. You didn't specify the states so we can't give you info on what the SOLs would be. But in most states, the SOL for this is generally 2-3 years from the date of the alleged negligence by the medical professional.

Medical malpractice claims are difficult to win and can easily cost $50,000 or more to litigate. Mental health claims are particularly hard because mental health diagnosis and treatment is itself difficult; it's not an exact science. Moreover, the treatments evolve over time. What your current doctor is doing today that is working great may not have been available or widely accepted as appropriate back when you were 4 years old.

What you'd need to do is consult one or more attorneys who litigate malpractice cases to see if the SOL is gone and if you have something to pursue. If you get past that hurdle then you can ask how much you might get from a lawsuit.

BTW, it is pretty much impossible to sue the drug manufacturer for the drugs that were prescribed unless the drugs were defective in some way. Not every drug works well for every patient and some patients have unforeseen bad reactions to them. Those things do not amount to the drug being defective.

I'm glad that you have found a terrific doctor and hopefully you'll see positive results from that going forward.

 

[Just Blue]

Hello. I am a 23 year old male, I have multiple mental health diagnoses, and I recently was granted SS disability. My problems started when I was 4. They diagnosed me in the beginning with ADHD and Asperger's. From preschool up I have been struggling. From day one I've dealt with 4 doctors, and they all just kept upping dosages and trying pill after pill without ever finding out what was actually wrong. I wound up being Hospitalized via 302 when I was 20. That's when their doctors figured more out. Now I see a doctor that is great. Since I've been fighting for disability for 3 years, I was hoping to file a lawsuit against those 4 doctors, and possibly the pharmacutical companies as well as one of the medications made me go from a healthy 80 lbs to 120 lbs in 5th grade. Long story short, my main concern is how much should I ask for?

What is your current diagnosis?

 

[cbg]

It is also EXCEEDINGLY difficult to diagnose mental health conditions in young children. Failure to do so is rarely going to be considered malpractice.

 

[quincy]

The statute of limitations (depending on state) could be tolled until the minor reaches the age of majority - so the clock would not start ticking on a medical malpractice claim from age 4 but from the state's age of majority (18).

With pharmaceutical product liability, product defects and resulting harm might not be known for years after the product has been used (although manufacturers might be aware of potential harm long before). In these cases, it can be from the discovery of harm that the statute of limitations will start.

A personal review of the medical history by a malpractice attorney would be important.