A Legel Question

[Shemtov]

Is a Doctor legally obligated to tell a patient about serious (and I do mean serious) side effects a drug he's prescribing may cause?
I'm in New York State if that makes a difference.

 

[chaseter]

I believe that is the job of the Pharmacist. Every time I have a crazy Rx the Pharmacist explains to me the side effects and the drug interactions.

 

[Shemtov]

Well, I asked the doctor specifically about the side-effects and basically made clear to him that I wouldn't take it if there was a risk of the side effects it caused.

 

[C. Lee]

Is a Doctor legally obligated to tell a patient about serious (and I do mean serious) side effects a drug he's prescribing may cause?
I'm in New York State if that makes a difference.

My wife has worked in both a pharmacy and in a doctor's office....she says that for the best info on side effects and chemical interactions, talk to a pharmacist.

 

[Spider-Nerd]

Well, I asked the doctor specifically about the side-effects and basically made clear to him that I wouldn't take it if there was a risk of the side effects it caused.

There's always a risk of a side effect. When you take any medication after being advised by your doctor there's normally a slight "assumption of risk" on your part depending the jurisdiction.

Pharmacists can be held liable sometimes but generally every time you pick up a prescription you are asked if you have any questions and I believe you sign a waiver stating that you've been informed and release liability.


Then again I could off on a rant about how waivers generally mean absolutely nothing when a law suit is brought, but that's another argument entirely.

 

[Shemtov]

There's always a risk of a side effect. When you take any medication after being advised by your doctor there's normally a slight "assumption of risk" on your part depending the jurisdiction.

Even if I ask specifically about certain side effects and he straight up lies to me and says that the drug can't cause those side effects.

 

[Spider-Nerd]

Even if I ask specifically about certain side effects and he straight up lies to me and says that the drug can't cause those side effects.

Well now you're getting into grey territory because there's no way without further information to be sure the doctor knowingly lied to you. The standard, depending on the state tends to be that of what a "reasonably prudent physician" would have told you in his place. They're doctors and they practice so mistakes are okay as long as they're not negligent or grossly negligent.


If you're not sure, talk to a lawyer.

 

[C. Lee]

A thing to remember....say there are 1,000 people in the study group taking the medicine to see how it works. Every single that happens physicaly to the people while they are testing the drug is noted and reported. Not everything that happens to them can be caused by the drug....but it has to be reported as a possible side effect. So...1,000 people start testing the drug...one of them winds up dying from leprosy. You now have a possible side effect listed of leprosy.

 

[Shemtov]

Well now you're getting into grey territory because there's no way without further information to be sure the doctor knowingly lied to you. The standard, depending on the state tends to be that of what a "reasonably prudent physician" would have told you in his place. They're doctors and they practice so mistakes are okay as long as they're not negligent or grossly negligent.


If you're not sure, talk to a lawyer.

Yeah, I'd call failing to mention a medication (with secondary use as a psychiatric medication) can cause a Mixed episode pretty negligent

 

[Spider-Nerd]

Yeah, I'd call failing to mention a medication (with secondary use as a psychiatric medication) can cause a Mixed episode pretty negligent

Right, except what you would call it doesn't matter. Talk to a lawyer and get your questions answered by someone who can assess the entire situation and has experience.

 

[Hound55]

I would think that it's directly impeding on the autonomy of the patient and, bare minimum, a potential case for negligence.

Let's be clear. He's asked point blank if a specific drug, which the doctor is prescribing, has a specific known side effect.

If it is a reported side effect (which you could find out numerous ways now, not that it helps you much now outside of forming a case against the doctor - ways such as asking a pharmacist or doing your own online research) then you could have a case and it may be worth pursuing.




THIS IS NOT LEGAL ADVICE.

 

[8wid]

I'm sure you can simply look up the side effects of any medication through the label on the bottle or through the FDA.

 

[Anita18]

I'm sure you can simply look up the side effects of any medication through the label on the bottle or through the FDA.

The medication should ALWAYS have the side effects listed on it somewhere. In my experience, a doctor will only tell you about side effects if s/he feels it pertains to you. Like, if you have any conditions that would make any of the major side effects more likely. But normally doctors don't do that because the medication they prescribe for you should be relatively safe for a person with your medical history. If it's serious business, they should sit you down to talk about it. If they don't warn you about a serious side effect greatly exacerbated by a condition you have that's on your medical record, that might be grounds for negligence, but anything less is probably not.

Keep in mind that some of the worst reactions people can get from a medication aren't "side effects," but allergic reactions. Or something completely unrelated. I took a Midol and had a bad reaction, but it wasn't until months later that I realized that my "bad reaction" was simply the Midol not working.

 

[FrichKazzone]

It's a number over there

 

[Spider-Nerd]

It's a number over there