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Jaye Jang · 10-21-2009, 11:33 AM

QUOTE=SweetJane;573843]Like any other anxiety medication I was told to use caution until I knew how I would react to it, but I didn't pass out, I had the biggest panick attack of my life and lost control of the car. I was lucky they didn't charge me with a DUI here, as well, but I was so frazzled from having rolled twice sown a hill and landing upside down between a bunch of trees that I whent up to the road to meet the cops screaming and when they asked me "how many have you had to drink tonight" I was told them none, which was true, and showed them the pills I had been prescribed. If htey wanted it to be a dui they would have done it by now...

Well I have to go get dressed. My court date is in an hour.[/quote]

THEN I HOPE YOU GET THIS BEFORE YOU GO TO COURT. Since it seems like your doctor did not PROPERLY warn you about the side effects --which constitutes medical negligence here in my home state-- you have 'extenuating circumstances' you can present to the judge. Unfortunately, it will not help your car or your possible sequela of the accident, i.e. whiplash, etc.; however, it should predispose the court to leniency since you obviously did not know EXACTLY what the effects of the drug would be on you. Since you are obviously not a medical professional it was up to the medical professional (in this case your doctor) to provide you with that information BEFORE you operated a vehicle. Also, since the doctor did not know what the side effects would be you should have been prescribed the Ativan and STRONGLY cautioned NOT to take the medication until you arrived safely at your destination. That's just simple common sense.

I don't know about where you're at, but here a doctor is NOT allowed to prescribe a medication that is even mildly narcotic without ensuring a few things first: 1) That the medication is NOT contraindicated (i.e. the patient has an allergy to it or a medical condition that would prevent prescribing it, or is simply on other medications that would react negatively with it)
2) That the patient is warned about the side effects (the standard caution is: Do NOT take alcohol with this medication, do NOT operate machinery, do NOT drive and do NOT make important decisions after taking this medication).
3) The patient has a way home (i.e a friend/relative to drive them or takes a taxi), if the patient takes the medication anyway.
4) If #3 an appropriate waiting period ensues (usually 30 to 45 minutes) BEFORE the patient is allowed to leave the premises in order to SEE what the side effects will be, and
5) If the patient seems to have a reaction to the medication that 'appropriate measures' are taken (i.e. if the patient becomes sleepy, they are allowed to 'sleep the effects off' somewhere on the premises [doctors are required to provide a place for that here], and if the patient seems to have an allergic reaction, ALL doctors, as far as I know, in ALL states are required to keep an anaphylaxis [allergy] kit on board).

It does not seem to me that your doctor did any of these things, thus, I will reiterate, I see a lawsuit in the offing.

In short, if your doctor simply cautioned you and sent you home, what you have here is a bona fide case of medical negligence. You could have been killed or killed someone else in that accident, and, in either case, THE DOCTOR WOULD BE LIABLE. (It's the same thing that applies if a bartender sends a patron home drunk, and the patron is involved in an accident that kills the patron or somebody else. The bartender is liable for the outcome).

At any rate, I wish you well. Keep us posted. (And, sorry, I started to send this to you last night, but I was fending off a migraine -- which I still have and I have to go to work anyway). Good luck.

10-21-2009, 11:33 AM	#1922
Jaye Jang Join Date: Jan 2008 Posts: 1,274	QUOTE=SweetJane;573843]Like any other anxiety medication I was told to use caution until I knew how I would react to it, but I didn't pass out, I had the biggest panick attack of my life and lost control of the car. I was lucky they didn't charge me with a DUI here, as well, but I was so frazzled from having rolled twice sown a hill and landing upside down between a bunch of trees that I whent up to the road to meet the cops screaming and when they asked me "how many have you had to drink tonight" I was told them none, which was true, and showed them the pills I had been prescribed. If htey wanted it to be a dui they would have done it by now... Well I have to go get dressed. My court date is in an hour.[/quote] THEN I HOPE YOU GET THIS BEFORE YOU GO TO COURT. Since it seems like your doctor did not PROPERLY warn you about the side effects --which constitutes medical negligence here in my home state-- you have 'extenuating circumstances' you can present to the judge. Unfortunately, it will not help your car or your possible sequela of the accident, i.e. whiplash, etc.; however, it should predispose the court to leniency since you obviously did not know EXACTLY what the effects of the drug would be on you. Since you are obviously not a medical professional it was up to the medical professional (in this case your doctor) to provide you with that information BEFORE you operated a vehicle. Also, since the doctor did not know what the side effects would be you should have been prescribed the Ativan and STRONGLY cautioned NOT to take the medication until you arrived safely at your destination. That's just simple common sense. I don't know about where you're at, but here a doctor is NOT allowed to prescribe a medication that is even mildly narcotic without ensuring a few things first: 1) That the medication is NOT contraindicated (i.e. the patient has an allergy to it or a medical condition that would prevent prescribing it, or is simply on other medications that would react negatively with it) 2) That the patient is warned about the side effects (the standard caution is: Do NOT take alcohol with this medication, do NOT operate machinery, do NOT drive and do NOT make important decisions after taking this medication). 3) The patient has a way home (i.e a friend/relative to drive them or takes a taxi), if the patient takes the medication anyway. 4) If #3 an appropriate waiting period ensues (usually 30 to 45 minutes) BEFORE the patient is allowed to leave the premises in order to SEE what the side effects will be, and 5) If the patient seems to have a reaction to the medication that 'appropriate measures' are taken (i.e. if the patient becomes sleepy, they are allowed to 'sleep the effects off' somewhere on the premises [doctors are required to provide a place for that here], and if the patient seems to have an allergic reaction, ALL doctors, as far as I know, in ALL states are required to keep an anaphylaxis [allergy] kit on board). It does not seem to me that your doctor did any of these things, thus, I will reiterate, I see a lawsuit in the offing. In short, if your doctor simply cautioned you and sent you home, what you have here is a bona fide case of medical negligence. You could have been killed or killed someone else in that accident, and, in either case, THE DOCTOR WOULD BE LIABLE. (It's the same thing that applies if a bartender sends a patron home drunk, and the patron is involved in an accident that kills the patron or somebody else. The bartender is liable for the outcome). At any rate, I wish you well. Keep us posted. (And, sorry, I started to send this to you last night, but I was fending off a migraine -- which I still have and I have to go to work anyway). Good luck.