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What Must A Patient Do When They Have Suffered Extensively From Severe Side Effects Of Medication Prescribed By A Doctor For Several Years?
Question: A patient develops a serious life threatening condition while under a doctors care and that condition is a known side effect of a medication that doctor has prescribed but the doctor has neither tested for or can identify this condition when it occurs. Years of suffering and expensive tests have greatly reduced this patients quality of life. What term would you use to describe that doctors actions and what should that patient do ?
Brief Answer:
Please see the detailed answer.
Detailed Answer:
Hi,
This is always a sensible matter. I can understand the enormous stress the patient had due to the drug and really feel sorry for that.
The primary job of a doctor is "not to harm". If a doctor does harm any patient by any of his incorrect action we call it medical negligence. If This incorrect action causes serious harm (i.e., putting pt life on risk) then it is called "criminal negligence". In the above case, the following things should be born in mind.
If the disease the patient had is really causes by the drug (no other cause is found) and is a known side effect of the drug, and the doctor did not inform the patient of the side effect, or did not try to prevent such effect (if possible by any way) then we can say that the doctor has done harm to the patient and would be called "medical negligence".
If all the above could be proved, the doctor is held responsible. The problem could be dealt in by two methods.
1.Either the patient and doctor (or the hospital) mutually discuss the problem and can be solved if agreed, i.e., some bargaining is done.
2. This is if the pt takes the matter into legal court ,different legal bodies exist where the patient can take the matter .And if the doctor is found guilty, he can be asked for compensation to the patient, which can be pretty high. It can also put the license of the doctor as stake.
However for the doctor to be held responsible the following points should be proved.
1.The drug was advised by the same doctor.
2.The side effect was a known one.
3.The doctor did nor take any action to prevent the side effect (if there was any way).
4.The patient was fully compliment with the doctor advice and did how he said.
5. The doctor did not take informed consent from the patient (means the possibility of this side effect was not fully explained to the patient)
Hope I have answered your query. Please feel free to ask any thing else you want to know about this.
Regards,
Dr. Rahman
Please see the detailed answer.
Detailed Answer:
Hi,
This is always a sensible matter. I can understand the enormous stress the patient had due to the drug and really feel sorry for that.
The primary job of a doctor is "not to harm". If a doctor does harm any patient by any of his incorrect action we call it medical negligence. If This incorrect action causes serious harm (i.e., putting pt life on risk) then it is called "criminal negligence". In the above case, the following things should be born in mind.
If the disease the patient had is really causes by the drug (no other cause is found) and is a known side effect of the drug, and the doctor did not inform the patient of the side effect, or did not try to prevent such effect (if possible by any way) then we can say that the doctor has done harm to the patient and would be called "medical negligence".
If all the above could be proved, the doctor is held responsible. The problem could be dealt in by two methods.
1.Either the patient and doctor (or the hospital) mutually discuss the problem and can be solved if agreed, i.e., some bargaining is done.
2. This is if the pt takes the matter into legal court ,different legal bodies exist where the patient can take the matter .And if the doctor is found guilty, he can be asked for compensation to the patient, which can be pretty high. It can also put the license of the doctor as stake.
However for the doctor to be held responsible the following points should be proved.
1.The drug was advised by the same doctor.
2.The side effect was a known one.
3.The doctor did nor take any action to prevent the side effect (if there was any way).
4.The patient was fully compliment with the doctor advice and did how he said.
5. The doctor did not take informed consent from the patient (means the possibility of this side effect was not fully explained to the patient)
Hope I have answered your query. Please feel free to ask any thing else you want to know about this.
Regards,
Dr. Rahman
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Above answer was peer-reviewed by :
Dr. Yogesh D
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