One wonders about doctors that stop medication for patients before it is wise to do so.
In this interesting, yet disturbing medical malpractice case, a man stabbed his mother to death a few days after being taken off anti-psychotic medication. The man’s father filed a medical malpractice lawsuit against the physician who made that decision.
In this reported case, the story began in 2001, when John Doe (names have been changed to protect their identities) first started treatment for violent tendencies and sexual compulsions at a local health center run by Dr. X. A part of the treatment for John Doe was anti-psychotic medications, which seemed to deal with his symptoms well enough that they were subdued. Doe was on a cocktail of medications to alleviate his angst.
In 2002 however, the doctor took Doe off two of the most powerful medications he was taking as there were concerns that the medication might lead to a potentially dangerous syndrome. Once taken off those drugs, Doe started experiencing horrendous nightmares about the devil wanting him to do evil things. A few days later, Doe attacked his mother and killed her by hitting her in the head with a battery charger and stabbing her 72 times.
Doe’s father consulted a personal injury lawyer and filed a medical negligence lawsuit against the doctor, stating that in making the decision to take his son off his anti-psychotic medications, it had caused him to kill his mother. The first time the case went to court, the judge said the doctor was not at fault for Doe’s action. On appeal though, the decision was reversed, sending the case on its way to the Georgia Supreme Court.
The Georgia Supreme Court ruled that the father could move forward with his lawsuit, despite the fact that there were many painfully evident questions about Doe’s competency and sanity at the time of the killing. Will they win their case against the doctor? Chances are the family will likely win the case, as there may well be enough evidence to prove direct causation between Doe being taken off his medications and the subsequent attack that killed the mother.
Cases like this typically employ the use of expert medical witnesses to testify as to whether Dr. X was negligent in taking Doe off two of the medications that were keeping him under control. Certainly, there will be a “risk of keeping him on the drug versus him not being on the drug” kind of analysis to address whether or not another doctor in the same area of practice would have done the same thing, and therefore it would be acceptable.
Based on the cursory facts that we do know, there does appear to be a chance the family may win its case. However, having said that, each case is different and the expert medical witness testimony will be crucial to the eventual outcome.
Have you been in a similar situation, where a doctor has given you medications that caused a mental, emotion or other dangerous side effect? If so, do not second guess your feelings. Call an experienced Arkansas injury lawyer for advice. It will be a call well worth making. An Arkansas injury lawyer will be able to advise you on the nature of your case, and whether there is enough evidence to move forward to justice.
Michael G. Smith is anArkansas injury lawyer and Arkansas business dispute lawyer, practicing personal injury law
and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com.
