Any ATL Attorneys here? Need Med Malpratice help (1 Viewer)

[ffldrew]

My wife's cousin just died yesterday of heart attack at 49 - he was given some drugs to lose weight without a lot of tests being done as far as I'm aware of. Never sent to a dietician/nutritionist program - old school rural doctor just gave him drugs - he started taking them on Friday and died on Sunday. He wasn't that overweight - just needed to loose some weight after he had a hip replacement. What kind of doctor starts pushing pills first these days?

 

[[scooter]]

What kind of doctor starts pushing pills first these days?

Most doctors that I've come across, actually.

 

[ffldrew]

Most doctors that I've come across, actually.

Really ?- without running EKG and other tests first? 

Adipex - side effect - Tell your doctor right away if any of these unlikely but serious side effects occur: fast/irregular/pounding heartbeat, mental/mood changes (e.g., agitation, uncontrolled anger, hallucinations, nervousness), uncontrolled muscle movements, change in sexual ability/interest.

He was at church and not feeling well - went home and started feeling heart racing and he was sweating. A few minutes later he was dead.

 

[[scooter]]

Most doctors that I've come across, actually.

Really ?- without running EKG and other tests first? 

An EKG seems unwarranted for someone who is just looking to lose weight and doesn't have a history of heart trouble or other issues.

I had a doctor offer to prescribe some medicine to help me lose weight a few years ago, and the prospect of an EKG was never brought up. It was just, "Hey, I can prescribe some pills if you want them."

 

[Cjw_55106]

Im not a lawyer, but from what I understand, malpractice cases are very tough to win. 

 

[SWC]

im very sorry for your loss 

 

[eoMMan]

If he just had a hip replacement, he probably had a ton of tests (including bloodwork) done, right?

What was his height/weight?

Any other health issues?  Diabetes?

Cholesterol?

 

[AAABatteries]

First, sorry for your loss.

I just looked that med up and this is what the google machine said:

”Can cause rapid or irregular heartbeat, delirium, panic, psychosis, and heart failure.”

That’s crazy that he would just put him on this.

 

[AAABatteries]

An EKG seems unwarranted for someone who is just looking to lose weight and doesn't have a history of heart trouble or other issues.

I had a doctor offer to prescribe some medicine to help me lose weight a few years ago, and the prospect of an EKG was never brought up. It was just, "Hey, I can prescribe some pills if you want them."

With the side effects this med has you would think it would be warranted.  Whether a person has a history of heart issues shouldn’t be a factor IMO.

 

[eoMMan]

Looks like there has been lots of litigation already on this drug.  The generic name is phentermine.

 

[ffldrew]

If he just had a hip replacement, he probably had a ton of tests (including bloodwork) done, right?

What was his height/weight?

Any other health issues?  Diabetes?

Cholesterol?

I don't know about the Diabetic or Cholesterol - I never heard him talk about that .Never saw him do any blood checks. If he had those it seems like this drug is a bad choice to give a patient. He might have been about 6' and 240/250? at the most using my eyes. This is South Georgia and eating habits and choices are pretty hard to get a good handle on. Those are good questions on the hip tests.

 

[Apple Jack]

I'm sorry for your loss.

A friend is having hip replacement surgery next week and they had him do an ekg in advance of it. Not sure this doctor would have necessarily asked for or had those results even if he did get one for it.

I didn't realize giving people speed for weight loss was still a thing.

 

[AhrnCityPahnder]

This is one half of The "fen-phen" drug that was pushed heavily in the 1990s and then resulted in massive lawsuits.  The "fen" part was pulled from the market, the "phen" part your wife's cousin got wasn't.  

Methamphetamines/speed marauding as diet pills never seems to go away.   Dexatrim had ephedra in it back in the 1970s, FenPhen 20 years ago , more of the same going on now.  

Sorry for your loss. 

 

[ffldrew]

I'm sorry for your loss.

A friend is having hip replacement surgery next week and they had him do an ekg in advance of it. Not sure this doctor would have necessarily asked for or had those results even if he did get one for it.

I didn't realize giving people speed for weight loss was still a thing.

That's what shocked me when my wife told me he was on this crap. How freaking lazy of the Doctor IMO - of course our cousin may not have thought anything of it - Doctor says take these to lose some weight the "easy way"

 

[Sinn Fein]

Im not a lawyer, but from what I understand, malpractice cases are very tough to win. 

I was a lawyer in Atlanta- and a med mal lawyer at that.

Med Mal cases are extremely difficult to win - which is not to say impossible.  Rather than start here, I think your best bet is finding a Plaintiff's firm in Atlanta to have a discussion.

Its been many years since I actively practiced law in this area - but, its probably worth someone's time to meet with an attorney - once some of the raw emotion wears away.

 

[ffldrew]

I was a lawyer in Atlanta- and a med mal lawyer at that.

Med Mal cases are extremely difficult to win - which is not to say impossible.  Rather than start here, I think your best bet is finding a Plaintiff's firm in Atlanta to have a discussion.

Its been many years since I actively practiced law in this area - but, its probably worth someone's time to meet with an attorney - once some of the raw emotion wears away.

Thanks - was just seeing if I could find someone with a name or good experience - FFA works in mysterious ways. I know that is our next course of action - just trying to find the right place to start that conversation

 

[Sinn Fein]

Well, I am sorry for your loss.

I worked on the defense side of these things, and it has been over 15 years now since I was in Atlanta.  So, I don't know any Plaintiff's firms that specialize in Med Mal.  (There is one guy I know who has his own shop, and he handles wrongful death claims i.e. he is pretty good - but I don't see any indication he specifically works Med mal claims.

Off the top of my head though - make sure you keep records (autopsy included), and document things/memories now - get the medical records from the doctor.  It will be an uphill battle to show that drugs caused the death (without knowing the prescription - you might google to see if there are related deaths, and might find some firms with experience pursuing those claims).  You'll have to show that not only was the death a result of the pills, but that standard care of a physician required certain tests, and that those test results would have contra-indicated the use of the weight-loss pills.

One of the first hurdles you face in Georgia is that any Med Mal suit must contain an affidavit of an "expert competent to testify" (which is just a fancy way of saying, the expert must be an expert in the same field as your claim).  That is a tough hurdle to clear - though good plainitff's firms can generally get an affidavit from "somewhere" to support a claim (assuming the firm believes its a worthwhile case).

 

[CletiusMaximus]

What a terrible story - condolences @ffldrew

Getting a first-hand referral is great.  If you can't get a personal referral here or elsewhere, I would call a few prominent plaintiff's personal injury attorneys in town.  Not the guys who advertise on late night tv or on billboards in the crappy neighborhoods - look for someone more polished.  Their website should as least list med mal as one of their practice areas, if not specifically referencing pharma cases.  I recommend speaking with at least 3-4 before choosing.  Don't just go with the one who quotes you the highest recovery - more important to get someone who is experienced and commands respect, gives you a good feeling.  He will probably have to be retained by the deceased's spouse, kids or executor of his estate.