Thursday, December 13, 2007

A New Way for Doctors to Get Sued?

I would be interested in hearing comments to this one.
clipped from blogs.wsj.com
A man taking several prescription drugs passes out at the wheel, drives off the road and hits and kills a 10-year-old boy. Can the boy’s mother sue the doctor who prescribed the drugs?
The answer is yes
at least according to a ruling made yesterday by Massachusetts’s Supreme Judicial Court, reported in the Boston Globe.
The mother’s lawyers allege that the doc failed to warn his patient about the side effects of the medications and the potential danger of driving while taking them.
The patient was reportedly 75 years old and had emphysema, high blood pressure and metastatic lung cancer.
He had prescriptions from his doctor for a handful of drugs whose side effects include drowsiness, dizziness, and fainting
He reported no side effects in the months before his accident
In a dissent, Justice Robert J. Cordy wrote that the ruling “introduces a new audience to which the physician must attend — everyone who might come in contact with the patient.”
medmal
 blog it

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