The Student Room Group

Should I sue? And can I?

Basically I had a bit of a psychotic episode a couple of years ago and was sectioned for a month which is fair enough but I wasn't mentally ill anyway was just a 4 weeks psychotic episode which didn't end when I went to hospital the last 2 weeks of hospital however I completely calmed down. However I started on the medication olanzapine which made me put on lots of weight so they put me on a different medication which was aripriprazole. I became a compulsive gambler shortly afterwards which I was unaware was a side effect until recently and now can't afford any bills because of my habit. It's been 7 months and although I've heard of lots of stories of people getting off it once they stop the medication I'm a bit worried it's too late for me. So I was just wondering how I go about suing the company if it's even possible? Baring in mind it's an American pharmaceutical company or would it be a lawsuit against the psychiatrist? And what are your opinions of doing this?
You'd have to prove causation, which may be plausible if it's a well known side effect and they didn't warn you at all, but it's impossible to say without an expert analysis of some kind. In terms of getting money specifically for the bills, unlikely due to tules on what's called 'remoteness', but you could get compensation which was sufficient to cover the bills (depending on how big they are).

As for suing the pharma company, you can if they operate to certain level in the UK, I'm not going to bother going into the details of it but it might be an option.

You could also sue the psych, but if it's NHS the payout is likely to be relatively low and the NHS fights claims hard.

It's hard to really tell without actually being your lawyer and having a chance to sit down. If you do want to pursue it contact a local medical negligence solicitor, they'll probably offer some kind of cheap or free initial consultation.

Beware though that taking anyone, let alone a big pharma company or the NHS, to court is a long and stressful process, and even on a no win-no fee you can incur some costs (court fees and the like). If your mental health's an issue and gambling is in anyway stress linked a prolonged legal battle may not be the best thing.
(edited 9 years ago)
Original post by Le Nombre
You'd have to prove causation, which may be plausible if it's a well known side effect and they didn't warn you at all, but it's impossible to say without an expert analysis of some kind. In terms of getting money specifically for the bills, unlikely due to tules on what's called 'remoteness', but you could get compensation which was sufficient to cover the bills (depending on how big they are).

As for suing the pharma company, you can if they operate to certain level in the UK, I'm not going to bother going into the details of it but it might be an option.

You could also sue the psych, but if it's NHS the payout is likely to be relatively low and the NHS fights claims hard.

It's hard to really tell without actually being your lawyer and having a chance to sit down. If you do want to pursue it contact a local medical negligence solicitor, they'll probably offer some kind of cheap or free initial consultation.

Beware though that taking anyone, let alone a big pharma company or the NHS, to court is a long and stressful process, and even on a no win-no fee you can incur some costs (court fees and the like). If your mental health's an issue and gambling is in anyway stress linked a prolonged legal battle may not be the best thing.


Ok thanks I've had a look into medical negligence solicitors and I'm happy to see there is a no win no fee. Sorry to sound clueless but do I choose who I'd like to sue? I wouldn't like GP to get in any trouble over this but my psychiatrist I'll happily sue as she was pretty rubbish anyway
Original post by Lawrenc spa
Ok thanks I've had a look into medical negligence solicitors and I'm happy to see there is a no win no fee. Sorry to sound clueless but do I choose who I'd like to sue? I wouldn't like GP to get in any trouble over this but my psychiatrist I'll happily sue as she was pretty rubbish anyway


You just sue everyone you can get on a claim form, you can ask for a defendant to be taken off but it'd be daft.

You don't sue the professional directly, but their employer, so an NHS Trust or similar (it's a bit different since the NHS reforms but I don't work with Clinical Negligence so I'm not up to speed), who are themselves insured. The doctor themselves is largely peripheral, it will all be handled by one of the law firms the NHS pays a set fee to defend all these sort of claims.
surely you were given a box of medication which always contains a list of common side effects? so you should clearly have read that leaflet and discussed with your doctor if you had concerns

if they initially prescribed it while you were sectioned they could argue (and I'm not saying I agree with this!) that you were such a danger to yourself they had to take the risk and you were judged to be incapable of making the decision so that is why you weren't informed of the risks

I would agree with the other person who posted that a court case is likely to be long and stressful and have no guarantees of a good outcome so could be ultimately much more detrimental to your health, might be more worthwhile tp try and tackle your gambling rather than looking for people to blame
As I said on your other thread there's no point in suing when you haven't even tried coming off the medication! Take some responsibility for yourself and your actions: even if your gambling has been caused by the meds, you've said nothing about trying to come off them, or asking about auxiliary meds to help with side-effects.

As far as I can see you just want something for nothing.
Original post by superwolf
As I said on your other thread there's no point in suing when you haven't even tried coming off the medication! Take some responsibility for yourself and your actions: even if your gambling has been caused by the meds, you've said nothing about trying to come off them, or asking about auxiliary meds to help with side-effects.

As far as I can see you just want something for nothing.


Eh? How would coming off the medication change things?

If he can prove causation it doesn't matter whether he's still taking them or not, it might be an issue for mitigation but it's irrelevant for the grounds, just the quantum.
Original post by Le Nombre
Eh? How would coming off the medication change things?

If he can prove causation it doesn't matter whether he's still taking them or not, it might be an issue for mitigation but it's irrelevant for the grounds, just the quantum.


There are tons of antipsychotics out there which have varying side-effects on people. They (being qualified psychiatrists, presumably) happily took OP off olanzapine because of weight gain. Why on earth wouldn't OP try switching to a different antipsychotic from aripiprazole as a first resort, and suing the psychs as a last resort? I get the strong impression that OP hasn't even told the relevant doctors about this potential side-effect, let alone enquired about switching medications.

This is coming at the issue from a common-sense and more or less knowing what I'm talking about when it comes to psychiatric medications perspective by the way, as opposed to my having any legal expertise. :tongue:
Original post by superwolf
There are tons of antipsychotics out there which have varying side-effects on people. They (being qualified psychiatrists, presumably) happily took OP off olanzapine because of weight gain. Why on earth wouldn't OP try switching to a different antipsychotic from aripiprazole as a first resort, and suing the psychs as a last resort? I get the strong impression that OP hasn't even told the relevant doctors about this potential side-effect, let alone enquired about switching medications.

This is coming at the issue from a common-sense and more or less knowing what I'm talking about when it comes to psychiatric medications perspective by the way, as opposed to my having any legal expertise. :tongue:


Because, if he has a claim, he had one the second they signed the presciption. Whether he then wants to come off it, change meds etc. is his choice, it's not really that relevant to any compensation he could claim other than shifting figures a bit. He could stay on it, come off all meds, change meds or whatever else medically, the potential legal claim is still there and was the second the psych printed the prescription.

If it's better medically to change meds he should do that, but there's nothing stopping him suing them at the same time.
Original post by Le Nombre
Because, if he has a claim, he had one the second they signed the presciption. Whether he then wants to come off it, change meds etc. is his choice, it's not really that relevant to any compensation he could claim other than shifting figures a bit. He could stay on it, come off all meds, change meds or whatever else medically, the potential legal claim is still there and was the second the psych printed the prescription.

If it's better medically to change meds he should do that, but there's nothing stopping him suing them at the same time.


Nothing but the potential of his recovering some common sense. :wink:
Original post by superwolf
Nothing but the potential of his recovering some common sense. :wink:


Why wouldn't it be sensible to sue them? If you can get some money out of it you may as well.
Original post by Le Nombre
Why wouldn't it be sensible to sue them? If you can get some money out of it you may as well.


:yucky: Bit of a money-grubbing attitude! Personally I'd say it's neither sensible nor ethical, but then it takes all sorts I suppose. :dontknow:
Original post by superwolf
:yucky: Bit of a money-grubbing attitude! Personally I'd say it's neither sensible nor ethical, but then it takes all sorts I suppose. :dontknow:


Ethical, no, the motivation for litigation is often dubious and when it's an organisation like the NHS you have to suck up that you're taking money from much worthier causes. Presumably if he's asking this though he's already reconciled that with himself, not sure I'd do it personally but he just asked for advice on a potential claim.

Sense wise though it's fairly logical, he'd be on a no win-no fee.
I've made a 4k profit from it since I started I worked out so don't know if I would have much of a claim anyway. As far as it goes I've informed my doctor and I'm under a psychiatric nurse who u also informed and I'm seeing her Monday to discuss. I've bet around 6k overall since I started which is all of my wages pretty much. If I don't kick the habit by the time I'm off the medication though I think I would have a case. Medication is meant to help me not provide an unnecessary inconvenience to my lifestyle. Although it was fine and dandy winning 4k profit most of the time I've had nothing and only for short periods had a lot of money before it all got spent on stuff and/or gambling.
And the doctors reduced my dosage to 5mg from 10mg just a month before it was going to anyway then another 3 months until 2ng then 3 months till I'm off it. I can't see them taking me off the meds all together possibly a change of meds though
Original post by Lawrenc spa
I've made a 4k profit from it since I started I worked out so don't know if I would have much of a claim anyway. As far as it goes I've informed my doctor and I'm under a psychiatric nurse who u also informed and I'm seeing her Monday to discuss. I've bet around 6k overall since I started which is all of my wages pretty much. If I don't kick the habit by the time I'm off the medication though I think I would have a case. Medication is meant to help me not provide an unnecessary inconvenience to my lifestyle. Although it was fine and dandy winning 4k profit most of the time I've had nothing and only for short periods had a lot of money before it all got spent on stuff and/or gambling.


Stop trying to predict your own quantum, to be blunt you have no idea what you're talking about. Go see a solicitor if you want to sue, if you don't then don't.
Original post by Lawrenc spa
Basically I had a bit of a psychotic episode a couple of years ago and was sectioned for a month which is fair enough but I wasn't mentally ill anyway was just a 4 weeks psychotic episode which didn't end when I went to hospital the last 2 weeks of hospital however I completely calmed down. However I started on the medication olanzapine which made me put on lots of weight so they put me on a different medication which was aripriprazole. I became a compulsive gambler shortly afterwards which I was unaware was a side effect until recently and now can't afford any bills because of my habit. It's been 7 months and although I've heard of lots of stories of people getting off it once they stop the medication I'm a bit worried it's too late for me. So I was just wondering how I go about suing the company if it's even possible? Baring in mind it's an American pharmaceutical company or would it be a lawsuit against the psychiatrist? And what are your opinions of doing this?


really isn't any case there against the pharma company as the drug was approved by the health care authorities and the side effects were already well known. It was your responsibility to read the leaflet.

Also, the psychologist may be at fault for not informing you about possible side effects.
You do not have a case.

Quick Reply

Latest

Trending

Trending