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McCallion & Associates LLP

New York City & Westchester

Medical Malpractice through Prescription Errors or Overmedication

Can a Psychiatrist or other Medical Professional Be Held Liable for Overmedicating a Patient, Prescribing the Wrong Medication or Failing to Properly Consider Treatment Without the Use of Powerful Medications?

There is, unfortunately, at least some truth to the widespread belief that some psychiatrists and other medical professionals tend to overprescribe powerful antipsychotic or anti-depression medications such as Zoloft, Celexa, Klonopin, Wellbutrin, Geodon, Abilify, Ativan, Trileptal, Clonazepam and Trilafon, and that the side-effects from these medications may themselves cause symptoms that mimic psychoses, including signs of depression, extreme agitation, and suicidal thoughts.

Some medical professionals also mis-diagnose patients with organic and neurocognitive problems as having primarily psychological problems, and then go ahead and prescribe a wide array of anti-psychotic and anti-depression medications when, in fact, the patient doesn’t need these prescriptions at all, and the taking of these medications themselves produces negative side-effects that drive the patient into hopelessness, further depression and, in extreme cases, to suicide. Sometimes the best therapeutic approaches for patents does not even involve the use of prescription medications, especially the potent antipsychotic and anti-depressive classes of medications that carry with them the risk of dangerous side effects.

Medical professional also have a duty to fully assess a patient’s condition and to disclose the potential risks as well as the potential benefits of prescription medications to a patient, and to effectively discuss those risks with a patent and to discuss the various alternatives and treatment approaches, including the alternative of therapy that does not involve the use of powerful medications.

McCallion & Associates LLP has handled a wide range of medical malpractice and professional negligence cases against hospitals, psychiatrists and other categories of medical specialists and other medical professionals on a wide range of issues, but in particular, the issue of overmedication and the prescription of the wrong medication for the particular patient, resulting in injury or even death.

McCallion & Associates LLP also works with a team of the leading psychiatrists, psychologists, pharmacologists and other experts in their respective fields to effectively represent plaintiffs who have been injured as a result of medical malpractice, or the family members of patients who have died as a result of the professional medical negligence or resulting suicide.

If you would like to receive further information regarding the law firm of McCallion & Associates LLP in this area, or if you would like to speak to an attorney or other legal professional about a potential case, please email us at kfm@mccallionlaw.com or call 646-366-0884.