If I was prescribed psych medicine at 5 years old, can I push legal action?
Question Details: I am currently 19 years old. I am told when I was 4 years old I was behavioral, talking too fast and too many topics in one sentence, and would hit myself. I agree I was a bit troubled but I feel that my medicine while a bit helpful has screwed my mind up in the long run and has caused severe emotional trauma. I don't know if this is professional or not but I feel taken advantage of. I had no say in this and was too young to understand. I want to take legal action on this. It was a children's clinic. My parents okayed it but they never tried hard enough to raise me right and my behavior became worse. I believe theoretically I may have never needed the medicine in the first place and that in time it would have gone away. However, putting me on psych medicine that messes with brain chemistry on a 5 year old currently developing is unprofessional and lead to screwing me up. These medications could have killed me. I talk to this with my mother and she says I don't know anything because I wasn't there, yet when anyone close to me agrees, even family members, she still says that same thing they don't know anything because they weren't there. I just wanted here to admit she messed up but she refused. Can I push legal action against all involved? Who prescribed it, who suggested, and my mother who accepted it?
You can try to assert a malpractice case against the doctor who prescribed it, but to win such a case, you would need medical evidence (e.g. testimony from a psychiatrist who has examined you) that the medicine harmed you and also that it was negligent, or unreasonably careless, to have prescribed it for you based on what was known then (i.e. based on the state of medical knowledge, your symptoms at the time, etc.). That is, you'd have to be able to prove not just the harm done but that no reasonable doctor would have prescribed it at the time, and you need medical expert testimony to do that.
Normally it would be too late (15 years) to bring this claim, but since you only recently (1 year) became an adult and so able to bring a claim on your own behalf, you should still be able to assert it.