Malpractice?

A little over a year ago, my parents forced brought me to see a "weight-loss/hormone management" specialist.  I was around 180/190 pounds at the time, 5'3", and sixteen (my birthday is in March, we went to see her in April/May of last year).  Basically, I had already been using this site to eat more healthily and managed to lose around 20 pounds without the help of this "doctor" so I saw no point in going but my parents thought it would be best.

Keep in mind, I have a history of eating issues.  I was overweight/obese throughout childhood until I began WeightWatchers over the summer of seventh grade (when I was 12) after much criticism about my weight from my parents, relatives, family friends, and pediatrician.  This began a habit of over-restriction and eating too little.  I went from 180 pounds to 140 by the start of eighth grade, when the employees at WeightWatchers began noticing that I was losing at an abnormally high pace.  This was when I began seeing my pediatrician, who began to monitor my weight and demanded that I maintain my weight before going down any more.  Week after week, I kept losing more even though I was eating more and made sure that the only exercise I was doing was walking (about 30 minutes a day).  Through frustration due to the constant interrogating, I made a discovery - if I binged before doctor visits, I would weigh more, but still be able to lose weight by not eating the rest of the week!  And thus began a very long battle with binging and purging.  At first I was able to go down to 120 pounds, but through the years, I got to my highest weight of 206.

In addition to this history of eating issues, I have also had many issues with depression and anxiety.

The specialist discovered that I had a thyroid condition and prescribed me Armour Thyroid as well as Phentermine for weight-loss (for those of you unfamiliar with the drug - it is an amphetamine.)

My question is this: Can this be considered malpractice?

The reason I ask is because I was only sixteen at the time and also on an anti-depressant called Effexor XR.  (The two drugs were basically cancelling one another out.)  Additionally, as I gradually continued to lose weight and got down to 140 pounds over time, she continued to prescribe this drug to me.  Correct me if I'm wrong, but aren't such prescriptions only supposed to be for those who are severely overweight?

In February/March of this year, I also began to feel very ill - constant headaches, tiredness, nausea.  When my psychologist saw me, she suggested I get tested for mononucleosis.  When my mother requested that this specialist test me (since they have an on-site lab), she said it was impossible that I would have mono (as I was still able to go to school...just barely).  Well lo and behold, guess what?!  I had mono all along and didn't find out until over a month later all the while still going to school and wearing myself out as well as taking Phentermine under the specialist's orders, which blocked many nutrients that I needed.

Furthermore, during one specific appointment in late March of early April,  this specialist had asked what was bothering me as my mother had talked to her about my tiredness and lethargy, which we all inappropriately blamed on depression, this specialist over-stepped her boundaries and began to play shrink.  During this appointment, the specialist said things like "Why can't you go to school?  Why do you think you don't have to go when everyone else has to?  You're not special, you know, and you should go to school like everyone else!"  I was crying, sobbing, and in hysterics for hours that day because of this so-called "medical professional".

I'm interested in taking legal action against this lady.  Do I have a case? If so, would the fact that I'm seventeen prohibit me from bringing suit?

I'm sorry if this all sounds really dumb and confusing.  It's been a difficult ordeal to deal with and any advice would be greatly appreciated.

I think she just wanted to do her job, she needed you to lose weight and prescribed a drug. And the drugs that cancelled each other out, only a pharmacologist would be able to know before hand which drugs are effective doctors see a infection and prescribe an anti biotic, depending on how bad it is they increase the mg dosage or increase or the intervals (that was just an example by the way) but I suppose also if the test came back inconclusive how would they know if you had mono maybe you should talk to a solicitor.

if you read this definition http://en.wikipedia.org/wiki/Malpractice the only way you can claim for malpractice is because you got ill, you wernt abused in other words despite how harsh she was, but I would definitely talk to a solicitor,

(my post has changed so much from 5 minutes ago some bits might not makes sense)

thats not true,   its there job to know what cancells what exspecially if there is only one Doc  prescribing the meds.   Doctors have to keep a record of what each patient is taking so she had to have known before prescribing them.  I think you have to be eighteen, though I don't know if it's different state to state. 

   I 've seen some Doc give a med knowing full well that it was more a plasebo than anything else.   They don't give a higher dosage or more intervals for a bad infection.  the antibiotic used depends on many things like type of infection, location, if prior meds were effective,  if it is a recurring infection.  Wikipedia though knowledgable I question the validity of that site.  meaning it's not as reliable as some believe.  People can but any random thing in there that they believ to be true when it's not factual.

what exactly are you feeling you have a case for malpractice for? is it that they didn't find the mono? or is it that you were taking two medications that technically don't cancel each other out (i researched it and phentermine is contra-indicated with antidepressants that belong to a class called SSRIs and the one that you were prescribed belongs to a class called SNRIs. they are quite similar, but still different).

the thing that i can say about mono is that it isn't always easy to diagnose if your symptoms are not that obvious and there are many people who have mono and feel perfectly healthy. In addition to that, the antidepressant that you are taking can cause the side effects you were having - headaches, nausea, tiredness. Perhaps you can ask to get another antidepressant that works equally as well and does not have as many side effects?

about phentermine - i think the specialist was right in prescribing you this drug in the first place (although you seem to have done well to lose 20 pounds and i am sure you could have continued just fine without any medications). however, as soon as you reached a normal BMI (which at 140 pounds and at 5'3 you are fine) you should have stopped the phentermine.

One more question - do you feel that seeing different doctors is affecting your overall health? i find it much easier when i see one doctor alone as they know my whole medical history and which medications i am on and so they know whether to prescribe anything else or not.

my advice would be, as im_a_cc mentioned, go talk to a solicitor and let him or her know exactly what happened - preferrably backed up by medical notes - and he or she will let you know whether you can take legal action. I am not really familiar with the american legal system thus i can't really say much else about it.

i hope this was helpful to you and that you'll keep going with the healthy eating and lifestyle and that you'll get better soon!

 

 

One final thing - the specialist was right to tell you that school is important! There is nothing better than knowledge :)

Original Post by agelades:

what exactly are you feeling you have a case for malpractice for? is it that they didn't find the mono? or is it that you were taking two medications that technically don't cancel each other out (i researched it and phentermine is contra-indicated with antidepressants that belong to a class called SSRIs and the one that you were prescribed belongs to a class called SNRIs. they are quite similar, but still different).

In my opinion the malpractice is for medical negligence.  I had complained to her about the Phentermine numerous times and suggested being taken off of it but she refused and while I know I could have easily just taken the prescriptions and then not taken the pills, my parents are firm believers in what doctors have to say and so made sure that I took them every day (i.e. they'd watch to make sure I took them).

I'm actually quite surprised that they didn't know that you had mono, it is usually easily diagnosable from the symptoms alone, but that said I'm not sure that you would have a case against them because as I understand it it's not life threatening and usually clears up it's self in about 6wks.

I have been going to the Dr's for a couple of years with the same complaint and only in the last few weeks have I finally been diagnosed with a virus. Up until that point they kept just telling me that I was depressed/stressed, lethargy,but those are actually symptoms of the virus, so they weren't wrong....

Depression, headaches, lethargy are all symptoms of mono....but they are also symptoms of many other things also...it would have been swollen lymph nodes that would set it apart.

As for the amphetamine....you may well have a case...my belief is that they were abandoned for assisting weight loss because of their addictiveness.

As im_a_cc said suggested you need to speak to someone who understands the laws, only they will be able to tell you for sure if you have a case.

You can certainly talk to a lawyer, but I suspect that unless you have quantifiable monetary damages that a lawsuit is going to be considered frivolous (also, you're probably not going to want to pay a retainer for a lawyer to review your case and most won't do it for free).  Damages for pain and suffering (emotional and otherwise) are generally awarded in addition to other damages and not on their own.  A misdiagnosis could be the basis for lost wages, loss of expenses for school.

In general, you'll find that if you don't like the person who you've seen because they're rude or mean or simply ineffective for you that you should see someone else, you might be able to get a refund of your actual costs from seeing them, but I doubt it.  It's definitely worth writing a letter of complaint if you feel it will help you to stand up for yourself, possibly send a copy to the medical board of review in addition to the office or company that she works for.  A history of those could certainly cause her to be evaluated.  Also check with the medical review board and see if she has any malpractice suits.

When my psychologist saw me,

Have your psychologist monitor you.  They should know all  and monitor all of your meds. 

If you don't like your psychologist, then find another one that can really take care of you.  The nurse I work for is awesome.  If the PCP and other care givers aren't doing their job, she contacts them and puts a fire under them!

Good luck and btw, you don't have to involve your parents any longer.  Since the privacy act, you can go on your own. 

Original Post by beachwalker:

When my psychologist saw me,

Have your psychologist monitor you. They should know all and monitor all of your meds.

If you don't like your psychologist, then find another one that can really take care of you. The nurse I work for is awesome. If the PCP and other care givers aren't doing their job, she contacts them and puts a fire under them!

Good luck and btw, you don't have to involve your parents any longer. Since the privacy act, you can go on your own.

I love my psychologist; she's great :]  And yeah, I can't wait to get out from under my parents' control; it can get insanely suffocating but I'm sure they'll find other ways to control me -_-

And thanks to everyone for their input.

I had mono in my 20's and it can be hard to dx if they don't do blood work. It has to be something they are looking for it. My son had it bad in highschool and was out of school for 2 weeks in bed. A weight loss doctor wouldn't be looking for mono.  I was  just given Phentermine from my doctor but I haven't taken it. I'm alittle afraid to. She said she took it. I am in lexapo and I just don't like mixing meds.

A lot of people put too much faith in doctors. They are just people too. It's impotant to trust your physician, but you shouldn't be afraid to ask them questions. If you get a doctor who won't listen, or one you feel you can't trust completely, then change doctors.

I know it may be impossible for you to do this while you are still a minor, but as soon as you are 18 you'll be able to legally refuse to see a certain physician. Your parents can try to make you, but they can't legally force you.

I wish you the best of luck and encourage you to believe in yourself and stand up for yourself.

If I was a judge I would throw your lawsuit out the window... sorry. There are bigger fish to fry.