AboutGlenn A. Dorfman Expertise Twenty-four years experience in personal injury, medical malpractice and medical product liability law. Practice currently concentrated on the diet drug (fen-phen) litigation. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation.
Expert: Glenn A. Dorfman Date: 7/1/2008 Subject: Prednisone and ankle break
Question My fiancee was diagnosed with MS 4 years ago. Along with her MS-specific treatments, she was given 5 day full doses of Prednisone steroids on at least 7 occasions with a 5 day taper after each dose. Early on the Doctor in passing mentioned that there was a risk of brittle bones with Prednisone and he would need to prescribe something for that. Fast forward to 2 months ago, and on our Dr.'s visit we were going over a few different drugs to treat common MS symptoms when our Nurse Practitioner asked how my fiancee was doing with Fosomax, a drug for bone density. We informed her that she had never given us a prescription for it, and it was obvious that it was in her file as something my fiancee was supposed to be on, and she quickly wrote a prescription for it.
This last Saturday, my fiancee was casually walking around the apt. when her leg buckled which often happens, but apparently this time her ankle cracked in all 3 major areas and after going to the hospital she has a Trimalleolar fracture. Our ER doctor was shocked that this extensive of an injury couldn't have happened with out a climbing fall or an auto accident. Other doctors and nurse's were similarly shocked by the extent of the injury.
We haven't had her bone density checked yet, but at least it looks like her Dr. or nurse messed up by not giving her prescription. We aren't looking for a payday, but she doesn't have insurance because of the MS and so we are probably going to have to self-pay for a $8000+ surgery. I would appreciate your thoughts on the likelihood of a case like this having some merit.
Answer It would be a tough case and frankly, even if there was liability of the doctor, the value of the case would probably not be high enough to get a lawyer interested. Case is tough because you would have the burden of proving that if she were give the Fosomax, the facture would not have occured. That is very difficult. You would argue that taking the medication would have prevented the fracture but almost impossible to prove considering the MS. It would be pure speculation. Also, doctor's lawyers would argue that she was also negligent by not noticing that she wasn't give the rx and had some duty to remind the doctor. I know that doesn't seem fair. She is probably taking lots of meds and missing one is easy to do but it would be an issue. So, the case might have merit but as a practical matter, I don't think it will go anywhere. Again, unless you have an orthopedist willing to say categorically, that the fracture would not/could not have happened if she was given the Fosomax, the case won't fly. This doesn't excuse the doctor's oversight but "causation" is the legal problem. Did the oversight "cause" the injury. Maybe yes, maybe no. That's usually not good enough.
