Has anyone ever sued a GP for side effects of a medication?

[jemimavintage]

Hello lovely group - Very quickly...

I had painful periods. I was refused a stronger painkiller to help with them. I'm now 50. This all kicked off approx. 3 years ago. Before then NO HISTORY of painful periods (even tho they've been getting more and more painful since a c-section in 1995), no history of pain meds, no history of ANY type of illness... Normal weight, 8 stone.

GP gives me Cerelle... within a month I am very very poorly... within 3 months I've had an emergency admission into a hospital in USA and had 3 procedures: gallbladder removal (no stones, no sludge, only mega irritation, cholecystitis), sphinctertomoy (because the sphincter had closed shut and blown my common bile duct out to several size that it should be, right up into my liver actually!!, and some stenting of that duct to help keep it open. The cost was $76,000. Health insurance paid it.

I have zero doubt that the WHOLE ISSUE, was caused by Cerelle. 'Gallbladder' disease is listed as a side effect. It also did NOTHING to stop my period pain, in fact, it gave me cramps and bleeding every single day.

I feel pretty mad to have gone through all of that. I was so scared. 6 days in hospital feeling very very poorly. Some outpatient appointments, a private MRCP scan in Harley St when I got back for £3,000 of my own money because I was still in pain and was worried that the hospital in USA (small border town) had screwed up. Well they had. I HAD acute pancreatitis from the gallbladder/sphincter issue....and no-one there told me. That lead to me having pancreatitis for 12 months and not realising it. My UK GP - the same practice - dismissed the Harley St conclusion that I had acute pancreatitis and tried to not give me any pain relief, saying it wasn't possible that I had it because my GB had now come out.

The Cerelle had a 'side effects' sheet in the box. One never thinks that one will GET the side effects. And I actually believed....that the 'pill' would stop my periods and give me some much needed relief.

On to today, I have adenomyosis and possibly endometriosis.. This has nothing to do with why I'm interested in whether I can DO anything about having suffered those side effects as a result of taking Cerelle tho..

I mean, can we bring a case for side effects from a med that the GP probably thought would.........help the situation??!!? It was a direct bunch of CRAP I got from that medication..

thanks group,

Jem x

Meh. Sorry you were so ill.

So sue. Everything is always someone else's fault, despite a clear listed warning, so you deserve cash. or not

Hi 'Dobbythesockelf' - that's exactly it. Most 'gallbladder disease' doesn't lead to those effects - but in some cases, it does. If the leaflet had listed those things, I would not have taken the med. The med itself also gave a CONTINUED PERIOD for 4 weeks...which is also not what it's intended to do, presumably. That's some level of....madness....as far as the med itself, as far as the GPs prescribing it and the advice they give, and so on.

thanks

Jem :)

Sorry you're ill, btw. But not everything is somebody else's fault.

But you said the leaflet did disclose gallbladder disease as a potential side effect. And no of course you can't just chuck some antibiotics at gall bladder disease...antibiotics are for bacteria not for side effects!

You sound very ignorant. If a potential side effect was liver disease or heart disease or stomache disease would you assume these to be treatable too? Pancreatitis is common once your gall bladder has been removed. Most people research medical conditions they may have or seek different medical advice if they don't agree with first opinions. You're being quite rude to posters on here who are trying to point out YABU and to not waste your money.

Hi 'squeaver' - what can I say.. People have different posting styles. So sue me, lol..

thanks

Jem :)

Hi 'greyhound' - actually there have been a couple of helpful responses. That was my aim. You're not happy about that? Report me for soliciting advice on Mumsnet, lols..

thanks

Jem :)

Hi 'amazinggrace16' - antibiotics? I-I-I-I don't know what you're on about. I'm saying the leaflet should have stated potential for damage to important organs. I think that's pretty reasonable to expect.

thanks

Jem :)

Read your posts op. You said that you thought gall bladder disease was treatable with antibiotics...

@Carolynnnna, you've just copied that from a US website haven't you? Are you suggesting the OP sues in the US, or did you not realise we have a different legal system here in the UK?

And you've said yourself it DID say gall bladder disease..ergo damage to an organ!

This thread needs to come with a warning that it will make people feel like they are banging their head against a brick wall!

Hi 'amazinggrace16' - also heart disease? What's your point. Stay on point. I'm talking about pharma expecting a lay person to consider that 'gallbladder disease' could lead to major organ damage. Certainly, even when I HAD major organ damage, the GP wouldn't accept the report from a Harley St dr.. so.. yep.

thanks

Jem :)

Hi 'amazinggrace16' - gallbladder disease isn't 'damage to CBD, liver and pancreas - which is my point. Talking of points, stay on point perhaps.

thanks

Jem :)

My point was that just because you didn't understand what gall bladder disease was doesn't cover your backside when making a claim!

Everything else happened as a consequence of the gall bladder disease and surgery. Do you seriously not acknowledge that they did include a warning?!

It depends. Are you in the US or England or Wales? I don't know about the US, but it is unlikely you would have a course of action as the possible side effects were listed. It's true nobody ever thinks they'll get them but clearly some do. But it may depend how the side effect was listed and whether sufficient emphasis was placed on it, and whether there were instructions to see your GP if this and this happens.

However, the fact your GP may have missed the pancreatitis is significant. It might be worth speaking to a lawyer who specialises in medical negligence because on that one issue you may have an action. You could probably get a no win no fee deal with a solicitor somewhere, if you can't that's probably because once assessed they don't think you will win any damages.

You should definitely see a specialist solicitor and get an opinion, but don't do an hourly rate with something like this as it'll cost a fortune.

I am NOT a medical negligence expert and know next to nothing about this side of the law.
Sometimes things just happen.

You have to prove the drug directly caused your gallbladder disease and the complications you sustained. There's no way for you to do that but if you feel like throwing money out a window there is no one to stop you. Gallbladder disease can be caused by all sorts of things, age being one of them.

Idk about suing. Personally I would be looking at getting treatment for your adenomyosis and endo. If you can afford this, see a private gynaecologist even if it is just for pain relief. I have both adenomyosis and endo and will be having a hysterectomy. My uterus is massive. Circa 18 weeks pregnancy. I was given highest strength cocodamol by gp 30/500. Did bugger all. The gynaecologist gave me tramadol but the side effects were terrible. I will probably have morphene patches next.

Has anyone sized your uterus? If it’s not too big (mine is) you could try the coil - low dose progesterone. You can also get progesterone tablets. To stop your periods you can have depa pro injection but that is a massive hit of progesterone and you need to know what caused your problems before buggering around with hormones imo

I’m going to ask to take drugs to put me in medical menopause. I can only do it for months not years because of risk of osteoporosis. At your age - I’m similar age - I wouldn’t want to take the pill.

Have you been referred to a gynaecologist? They can test your hormone levels and see how close you are to menopause. Your symptoms will take at least a couple of years to settle after your last bleed.

Hi 'Sirzy' - are you sure you should be ON Mumsnet then? Because I don't know whether you're aware, but it's a place for people to ask other mums whether they've experienced x, y or z. In my case, I'm asking people whether they've ever sued a practice (or pharma more specifically, actually) for side effects far more serious than the leaflet has stated. It's a HUGE problem that a lot of people just - suck up - when perhaps, we shouldn't be.

thanks

Jem :)

On the off chance that you are serious and not just trying to wind everyone up (the jury is still out on that one), I will offer up my two pence worth.

You would have a very hard job suing the GP. The GP may warn of side effects, but they may not. The side effects are in the box of pills and you are expected to have read them. By taking the medication you agree and accept the risk.

In basic terms, to be negligent, the doctor would have had to cause damage/injury/loss to you and the action had to be against standard medication practice.

You would have to prove that your 'side effects' were caused by the drugs and that he went against medical practice doing so. The tablets are generally prescribed for the reason you had them, so there is no negligence on the part of the doctor.

If the doctor prescribed you a tablet knowing that it could cause an issue with a pre-existing condition that would be arguable (so prescribing penicillin to someone who they know to be allergic), but you have not mentioned any so presume that is not the case here.

You could look to sue the pharmaceutical company. To show negligence from them, it is not just that the drug caused your illness (you would have to prove the link), but that it was foreseeable.

They had disclosed gallbladder disease so there is no negligence on that. For the pancreatitis, if it is not on the leaflet either separately or part of one of the other conditions, you would have to prove that they knew it was a possible side effect, that they did not disclose it and that the drug caused you to have that condition.

The main cases you would see is where they have a study to show a side effect is possible but do not disclose it. That is very difficult to prove and costly. You would also need to prove that your pancreatitis was caused by the drug not by the surgery or another issue.

If the pancreatitis was a result of the gallbladder surgery as a complication and they did not tell you it was a possible complication, then you may have a case against the hospital in America but good luck with that.

Have you reported the side effect to the GP/NHS? If not you should do, if not for you but for anyone else who may be affected.

After you took them for a month and felt ill did you go and see your GP and stop taking them immediately?

A lawyer may take your case, but from what you have said your chances of success are very low. Your case will be taken, but you would first have to get medical reports etc and they are going to want money from you for that, to find you have a slim chance, or they will want money from you to pay for an after the event indemnity policy to cover costs in case you lose (and you will only get one if the prospects of success are good so that they are likely to get their money back and not have to pay out).

The best advice any of us can give you is to report the symptoms as a pp has said and then swap to a different GP if you get on so poorly with your current one.

Hi Jemimavintage

It is not.....your GP's fault. You were.....unlucky. You can report it to...the Yellow Card scheme. The solicitor who said you have a case....is full of shit (case in point- you thought your GP is the one to blame for what a pharmaceutical company prints in it's leaflet hehe lols!!!).

Thanks

LS83 :)

Hi 'Mummyoflittledragon' - the GP didn't even give me one second of eye contact when I went in there. He was very uncomfortable discussing 'womens issues'. I asked to be referred to a gynae. He refused. Since then yes, I have....jumped the shark and am getting sorted. It's no fun. In a lot of cases women are given the run around, for sure - when there are easier paths for GPs and medics to set women on, more quickly.

thanks

Jem :)

OP it may be useful for you to discuss your concerns with AvMA (Action versus Medical Accidents). They are a charity giving free advice to patients who believe they have been harmed by their medical treatment. They would be able to take you through the things you would have to demonstrate, e.g. that the medication was inappropriately prescribed, or bloods not monitored (if required), or that no investigation was carried out when you told your GP you felt too unwell to continue the medication.

Any lawyer should also suggest that you make a formal complaint through the NHS Complaints Process and receive a detailed written response addressing the issues above. This would then allow the lawyer to advise whether it is worth proceeding with a legal claim. It doesn't seem to me that you have a case, and I would hate to see you waste time and money pursuing this on top of all you have already been through.

I don't need telling to stay on point...thanks. I was pointing out your majorly incorrect knowledge about how antibiotics work and that you had been made aware of side effects you just chose to ignore them. Seems like ignorance is quite a trait you have!

Your gallbladder is connected to your liver and pancreas that is how it works. The gallbladder disease was the side effect the rest was a complication of the gallbladder disease. They can not possibly list every possible complication of every possible side effect think of the trees they would kill promoting those leaflets. You were unlucky.
As for the period part it is actually quite common for hormone contraceptives to sometimes lead to prolonged bleeding/spotting etc especially the mini pill. This is also explained in the leaflet. If it doesn't work there are other options which I am sure if you had spoken to your gp about he could have prescribed. I have been on cerelle it caused me to bleed at odd times so my gp changed it to a different type of pill. Cerelle is just progesterone so it doesn't work for everyone the same way depending on their underlying issues/age etc.