Has my doctor been negligent in prescribing medication which has had serious and continuing side effects?

Question Details: My doctor prescribed me two medications when he knew that I had a history of muscle twitching as a side effect. When the twitching began again, he insisted that it was due to anxiety and that I should continue to take the medication. I have been off them for four months, but the twitching has continued, and the associated pain is having a severe impact on my life. Was my doctor negligent? Is there anything I can do? Who should I approach?

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Answers by Lawyers

Community Law Wellington & Hutt Valley

Whether your doctor was negligent is a difficult question. It depends on lots of details about your condition and about treatment options. There are, however, a number of ways that you can seek to have your complaint addressed.

You have rights under the Health and Disability Commissioner Act and the Code of Health and Disability Services Consumers' Rights. Click here to read about those rights: www.hdc.org.nz. One of those rights is to services of an appropriate standard (Right 4).

You also have a right to complain (Right 10). Your doctor should have a complaints procedure for you to use.

If you would like to, you can get in touch with the Health and Disability Advocacy service for help making your complaint: advocacy.hdc.org.nz. The Advocacy service can also help you if you decide to complain to the Health and Disability Commissioner.

Depending on your circumstances there may also be a chance that you are covered by ACC, if you have suffered a "treatment injury". Read more about that here: www.communitylaw.org.nz or contact ACC.

Answered 24 Feb 2013. The IMPORTANT NOTICE below is part of this answer.

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