[dragonjack]

I'll will try to make this short and give just the facts. 3 weeks ago my wife went to her doctor and was prescribed 2 medications, one for anxiety and a muscle relaxer. The doctor and the pharmicist did not tell her of the ramifications of taking these two pills. After my wife left the pharmacy she took 1 each of the pills. It had drastic results, she was knocked out in 5 minutes at a stoplight The police came and our youngest daughter who was with her was taken by CPS. Now, today my wife took our daughter and son to their pediatrician because they were very sick and my wife as well. All had been running fevers of +101 degrees and my wife also has a severe ear infection, When she arrived at the doctors, he accused her of being on drugs and accused her of hitting our son. He called CPS and the cops. Who also said she was on drugs, my wife tried to explain that she was very sick and her equaliberium was off, so she was having trouble standing. Everyone in the office as well as the cops and doctor called her a druggy and a liar. Also, my son was admitted to the hospital because he was very sick, due to allergys which our herendous. A CPS worker called me at work and verbally bashed me on the phone for a half hour. When I got to the hospital, my wife could not believe this had happened. When the CPS workers arrived at the hospital they again bashed me and said they could tell by looking at her that she was on drugs. So my wife and I immediately went down and took a drug test, which showed up all negative. My main questions are can the doctor and/or pharmicist be sued for not informing my wife of the possible side effects of taken the prescribed medication. 2nd can we sue the doctor who made this false accusation and can I do anything about the police officers and CPS workers who made these "drug" statements and the verbal bashing that I and my wife took from them. I don't want to sound sue happy, but I am very pist off at what they have all done. They went on the word of a single man with no evidience just his word, I don't care if he's a doctor or not.

[justcurious55]

Its understandablee that you're upset, it sounds like some of these people were certainly out of line. But at the same time, 1) the dr who called cps was doing his job. He has a responsibility to report any suspicion of abuse. If he had any reason what so ever to believe there was something wrong he had a responsibility to report it so that it could be further investigated. I actually wish more people would do this. There are too many people who actually won't report abuse even if they know for a fact it is happening (I know because I was abused for years but no on would report it and I was too young to know I could do it myself). 2) while the dr's have a responsibility to inform patients about there drugs, patients also have a responsibility to ask questions. Its well known that most drugs have side effects. If the dr didn't spell it out for your wife, she should have been asking. I'm not trying to say that the dr not telling your wife about the side affects was OK, but the responsibility is ultimately shared.

[dragonjack]

I'll will try to make this short and give just the facts. 3 weeks ago my wife went to her doctor and was prescribed 2 medications, one for anxiety and a muscle relaxer. The doctor and the pharmicist did not tell her of the ramifications of taking these two pills. After my wife left the pharmacy she took 1 each of the pills. It had drastic results, she was knocked out in 5 minutes at a stoplight The police came and our youngest daughter who was with her was taken by CPS. Now, today my wife took our daughter and son to their pediatrician because they were very sick and my wife as well. All had been running fevers of +101 degrees and my wife also has a severe ear infection, When she arrived at the doctors, he accused her of being on drugs and accused her of hitting our son. he called CPS and the cops. Who also said she was on drugs, my wife tryed to explain that she was very sick and her equaliberium was off, so she was having trouble standing. Everyone in the office as well as the cops and doctor called her a druggy and a liar. Also, my son was admitted to the hospital becasue he was very sick, due to allergys which our herendous. A CPS worker called me at work and verbally bashed me on the phone for a half hour. When I got to the hospital, my wife could not believe this had happened. When the CPS workers arrived at the hospital they again bashed me and said they could tell by looking at her that she was on drugs. So my wife and I immediatley went down and took a drug test, which showed up all negative. My main questions are can the doctor and/or pharmicist be sued for not informing my wife of the possible side effects of taken the prescribed medication. 2nd can we sue the doctor who made this false accusation and can I do anything about the police officers and CPS workers who made these "drug" statements and the verbal bashing that I and my wife took from them. I don't want to sound sue happy, but I am very pist off at what they have all done. They went on the word of a single man with no evidience just his word, I don't care if he's a doctor or not.

Hello justcurious55, You're answer was very level headed. But just to be safe I contacted a few lawyers today and explained everything to them and I was told that I do have a case against the doctor who prescribed the meds and I do have a case against the doctor who made these false accusation with no proof. One thing a lawyer mentioned to me was due to my wife being sick and asking for medical attenetion from him and he outright refused he violated his hypocratic oath and we may have had our 4th amendment rights violated. This information came from a lawyer who is also an MD. Maybe you're right and nothing can be done, but I'm going to take my chances with a lawyer, if anything I will get some satisfaction dragging everyone into court for years.

[Fr_Chuck]

I would have been surprised an attorney would not have said you had a case, they expect to get a percent when his insurance settles,

Legally do you have a case, most likely not, they are suppose to report possible things, and did what was required, did the CPS do wrong, yes, by not doing a proper investigation before cursing at you. So you have a good case against CPS agent. But as long as you are not paying the lawyer most liekly he will get you a few bucks since the insurance will rather settle than go to court, normally cheaper if you settle low enough.

[JudyKayTee]

its understandablee that you're upset, it sounds like some of these people were certainly out of line. but at the same time, 1) the dr who called cps was doing his job. he has a responsibility to report any suspicion of abuse. if he had any reason what so ever to believe there was something wrong he had a responsibilty to report it so that it could be further investigated. i actually wish more people would do this. there are too many people who actually won't report abuse even if they know for a fact it is happening (i know because i was abused for years but no on would report it and i was too young to know i could do it myself). 2) while the dr's have a responsibility to inform patients about there drugs, patients also have a responsibility to ask questions. its well known that most drugs have side effects. if the dr didn't spell it out for your wife, she should have been asking. i'm not trying to say that the dr not telling your wife about the side affects was ok, but the responsibility is ultimately shared.

On the drug counselling only it's your wife's word against the word of the Doctor and Pharmacist - same with CPS screaming at you for half an hour. It will be your word against the worker's and it's rather amazing that you sat there for half an hour and listened to the screaming.

And I think there's a problem with why your wife would take BOTH medications for the first time while driving a car with children in it - ? I would think that alone is grounds for calling in CPS. The argument would be that she used poor judgment and perhaps she also ignored or doesn't remember medical advice.

I'm not surprised an Attorney would look into this - but be prepared for what a malpractice lawsuit is going to cost you.

Please understand I am not bashing you but I believe this is what will at least come up in conversation.

[dragonjack]

Thank you for the reply. I forgot to mention that at least 3 lawyers said they would take my case on a contingency bases (no upfront money). I have at least 3 cases and all of them are checking into weather we have more. I was brief on my initial post and only wrote down some of the facts ( I didn't want a post to be pages long). The CPS worker who talked to me on the phone had her entire conversation recorded. I work for a company where it says they conversation maybe recorded, I guess she didn't listen to, but I did.

[JudyKayTee]

thank you for the reply. I forgot to mention that at least 3 lawyers said they would take my case on a contingency bases (no upfront money). I have atleast 3 cases and all of them are checking into weather we have more. I was brief on my initial post and only wrote down some of the facts ( I didn't want a post to be pages long). The CPS worker who talked to me on the phone had her entire conversation recorded. I work for a company where it says they conversation maybe recorded, I guess she didn't listen to, but I did.

I was thinking more of court costs if it doesn't settle - and expert witnesses - than up front money.. I should have explained that.

If 3 Attorneys believe it's a good case it must be so!

[twinkiedooter]

Oh dear, is the CPS worker going to get fried on this one? You betcha. They not only think they are God, but God answers to them as well. Glad she "performed" at her best for the tape recorder. Those people need to get a grip on the fact they are supposed to be professionals.

The hospital was at fault also not taking into account that they had no idea just what your wife's problem truly was and insisted she was a druggie.

The pharmacist and physician should have counseled her on the drugs' interaction and possible reactions. That was truly negligent on their part.

I hope you win, dear Dragon. And I say this not due to the money, but due to how callously you and your family were treated. Thank goodness your wife was at a stop light instead of driving 55 on a major highway. You would never have been able to properly ascertain just what caused the fatal crash and the total annilation of your family.

[JudyKayTee]

Oh dear, is the CPS worker going to get fried on this one? You betcha. They not only think they are God, but God answers to them as well. Glad she "performed" at her best for the tape recorder. Those people need to get a grip on the fact they are supposed to be professionals.

The hospital was at fault also not taking into account that they had no idea just what your wife's problem truly was and insisted she was a druggie.

The pharmacist and physician should have counseled her on the drugs' interaction and possible reactions. That was truly negligent on their part.

I hope you win, dear Dragon. And I say this not due to the money, but due to how callously you and your family were treated. Thank goodness your wife was at a stop light instead of driving 55 on a major highway. You would never have been able to properly ascertain just what caused the fatal crash and the total annilation of your family.

I'll be curious to see how this plays out - not saying this is the case but patients are advised but don't hear all the time; this is a very common complaint in lawsuits against Pharmacists (I don't know about Physicians); this patent took a muscle relaxant AND some sort of anti-anxiety medication at the same time in a car with her children? Sometimes it's not all the fault of a third (or fourth) party.

I don't think the caseworker was "performing for the tape recorder." I think she was recording the conversation to protect her own tail - you'll know by whether the tape is produced for your Attorney.

I can see what everyone was worried -

Again - I'll be curious to see what the result is.

[twinkiedooter]

I personally don't think "bashing" is professional conduct befitting a caseworker and this person said she was "bashing" him. They could have handled this matter in a different way on the phone.

[froggy7]

I am also curious, since most muscle relaxants and anti-anxiety drugs tend to have warnings on them to not operate heavy machinery until you know how the drug is going to affect you. And if the wife was given the patient leaflet, it probably has that in there as well. In which case, there is some question about whether they were informed or not.

Also, I am curious about any lawyer throwing around 4th amendment violations in this sort of case. I am finding it hard to see where that fits in.

[dragonjack]

Thank you for all your responses, they were well thought out and helped open my mind, instead of just focusing on the anger that I have had. The goodnews is we were given back our children today by a judge. Which was our number one concern, I thank god every minute that this happened. But, some other interesting events also happened today, I have 3 other doctors who said they will testify in our behalf. But, my wife and I were asked a very strange question by CPS and the Judge. They asked us if we had any native american in us. The answer is yes, I have mohawk and my wife has cherokee. Does anyone know why this questions was asked and why it is in the court documents?

[justcurious55]

That seems like a strange question. I'm glad you got your children back. Good luck with everything else.

[dragonjack]

I'll be curious to see how this plays out - not saying this is the case but patients are advised but don't hear all the time; this is a very common complaint in lawsuits against Pharmacists (I don't know about Physicians); this patent took a muscle relaxant AND some sort of anti-anxiety medication at the same time in a car with her children? Sometimes it's not all the fault of a third (or fourth) party.

I don't think the caseworker was "performing for the tape recorder." I think she was recording the conversation to protect her own tail - you'll know by whether or not the tape is produced for your Attorney.

I can see what everyone was worried -

Again - I'll be curious to see what the end result is.

Hello JudyKayTee,

To clarify; CPS called me and I recorded her conversation, she was probably not thinking about it at the time or just ignored the prerecorded message.

[dragonjack]

that seems like a strange question. i'm glad you got your children back. good luck with everything else.

Hello justcurious55,

Thank you for your response and your previous answers. Everyone who has responed so far, has given me some good feed back. Some of it could be viewed as being negative, but I was also taught that you can learn something from all the view points individual have even if they differ from your own. Once again, thank you

dragonjack

[JudyKayTee]

Thank you for all your responses, they were well thought out and helped open my mind, instead of just focusing on the anger that I have had. The goodnews is we were given back our children today by a judge. Which was our number one concern, I thank god every minute that this happened. But, some other interesting events also happened today, I have 3 other doctors who said they will testify in our behalf. but, my wife and I were asked a very strange question by CPS and the Judge. They asked us if we had any native american in us. The answer is yes, I have mohawk and my wife has cherokee. Does anyone know why this questions was asked and why it is in the court documents?

I didn't realize the children had been taken - what were the grounds for that? Accusations by CPS? Don't they have to investigate?

As far as the ethnicticity - they do that in NYS just for Court records, statistics, at one time on the application for an index number in certain cases - but in your case it was right in the Court papers? Did they think this should be a tribal matter?

[Harley676]

Yes you can for false accusations and public humility but cps had no right at bashing you about your wife until they had proof of a drug test, my family had to go through a similar thing .