My husband was referred to an endocrinologist because of a pituitary tumor. He also suffers from low testosterone.
The first visit was in Aug, 2011 and he was prescribed Testim. He wanted to check his Cortisol levels in Nov.
On 11/30/11, after a ‘cortisol infusion’, he saw the doctor and discussed the Testim was working, but he was still feeling tired.
The doctor checked the blood work & cortisol results & saw the thyroid level was a little low. She left the room to check with her associate whether it would be alright to start Levothyroxine. The doctor advised it would be about 3 weeks to feel better, but if he felt worse, to stop the medication & call the office. The prescription (100 mcg levothyroxine) was filled & taken as directed, 1 hour before breakfast.
He suffered from leg aches, body aches, joint pain, lethargy, and not sleeping, so he stopped the medicine. On 12/27/11, I called the office & explained the incident. The receptionist said the doctor would NEVER tell a patient to stop medication & the symptoms didn’t have anything to do with the medication, but she would check with doctor & call back. The receptionist called back & advised a prescription was called in to the pharmacy (125 mcg levothyroxine).
When I picked up the medicine, the pharmacist was concerned that the dose was increased without blood work. My husband’s symptoms got worse. Long story short, our primary doctor saw my husband & advised to stop the medication. He diagnosed the problem as factitious/iatrogenic hyperthyroidism. My husband was off from work for 6 weeks, had several lab tests, and a hospital stay.
I wrote a letter to the doctor about what had happened & requested compensation for the financial burden her negligence caused us. She called & said she wanted to take care of this herself & when a letter was sent with all the expenses, she sent it to her insurance lawyer. Of course they say she didn’t do anything to deviate from the standard of care.
We have a written opinion from a qualified medical expert supporting our allegations that we sent to that lawyer. My question is, what should we do next? I don’t want our time to run out. I should tell you, I have talked to a number of lawyers about this & all of them have said, since my husband didn’t die or lose a limb, they don’t want anything to do with this. Hope you can help. Thank you in advance for any information you can give.
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Answer
Dear Gail,
Unfortunately, if you’ve already consulted with medical malpractice attorneys and they’ve all refused to accept your husband’s case, that’s a good sign the case is not a very good one.
It’s implausible to attempt to handle your own medical malpractice claim. You can be sure the doctor’s attorney is going to continue to deny medical malpractice occurred. As a result your case will have to be tried in court.
There’s just too much at stake to try and handle the case yourself. Your husband’s lawsuit would have to be filed in a court much higher than small claims court. Even if you were to attempt to file a lawsuit you and your husband would be subject to depositions, motions to dismiss and so much more.
Your best bet would be to gather copies of all of your husband’s medical records related to the medical malpractice claim. Then continue to visit with other personal injury attorneys with experience in medical malpractice cases. You may eventually find one who will accept your husband’s case. In the State of Missouri you have at least two years to file a lawsuit or settle the case.
Learn more here: Wrong Medication Injury Lawsuits
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
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