Hyattsville, MD asked in Medical Malpractice for West Virginia

Q: Ive been on levothyroxine since I was around 19, I Am Now 33. few months ago my doctor refused to refill my prescription

Ive been on levothyroxine since I was around 19, I Am Now 33. few months ago my doctor refused to refill my prescription until I came in. I went in so they could take my thyroid levels. Everything was normal so she refused to refill my medicine.Completely Stopped Cold Turkey.The medicine was still in my system making my levels normal. Now i have to go back and get my levels checked again cause i know my thyroid isn't right, I'm severely tired, periods are heavy and cramping is bad, chest pains and I've lost atleast 30% of my hair and i have bald spots everywhere. If I find out that my levels are not normal which I guarantee they arnt can I sue them for taking me off of my medicine and making me loose so much hair If I Found Out They Took me off my medicine by mistake? I Can't Even Go Out In Public Because People Stare At my bald spots.. Do You Think I May Have A Case?

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1 Lawyer Answer
D. Michael Burke Esq
D. Michael Burke Esq
  • Medical Malpractice Lawyer
  • Martinsburg, WV

A: If we assume (and it's a big assumption) that the doctor fell below the accepted standard of care when he took you off your medication, a jury where I practice would not award you enough to make your case worth the time and expense it would take to pursue it. Medical malpractice cases are very expensive (tens of thousands of dollars out of pocket), and--in West Virginia--require what amounts to an affidavit from another doctor stating that the first doctor committed malpractice before anyone can sue his or her doctor.

In my opinion, an injury must be a permanent, life-changing event, and a case must be worth at least $250,000 in damages to risk the substantial outlay of money for experts, depositions, travel, court reporters, and other expenses, not to mention the extensive time required. These cases are usually defended vigorously, and often do not settle, requiring that the case go to trial.

You should call a local attorney who handles medical malpractice cases, because the verdicts in your particular area might be significantly higher than they are where I practice.

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