QLD Negligence - Can I Do Anything?

Discussion in 'Personal Injury Law Forum' started by Lydia Walker, 26 May 2017.

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  1. Lydia Walker

    Lydia Walker Member

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    Ok, so right now I'm 19 and 5 years ago I was put in a mental hospital due to psychosis (which has been fixed). I was given a drug called Risperidone and one day after a bad episode, they gave me a bit extra. I slept a bit after it happened but when I woke up I found that my neck locked into place, not allowing me to move. Then I stopped breathing properly and my jaw locked, causing unbearable pain.

    The next day it went away but I was left with random tics and shakes. I did tell the staff about it but it was never looked into. Even after I got off the drug, I still had these tics which ranges from constant shakes in one arm to my whole body having strong jolts it's called Tardive Dyskinesia. This disorder has not only caused social anxiety (being in public and shaking or moving like a crazy person is very embarrassing) but has stopped me being able to work in hospitality (due to me dropping stuff) and won't allow me to drive as I may accidentally push the break or accelerator.

    As I'm 19 and a student I can't afford to see a neurologist so my grandmother has offered to help pay which makes me feel incredibly guilty but I feel the hospital needs to take some responsibility as they gave me the increased dose and even after the symptoms came out they didn't look into it. This has forced me to quit my job as a waitress and put learning to drive on hold so it's more than affected me I just don't know if the hospital can take any responsibility.
     
  2. Lance

    Lance Well-Known Member

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    Hi Lydia,

    When were you diagnosed with Tardive dyskinesia? Basically in QLD as an adult there is a 3 year statute of limitations for you to start an action from the date of diagnosis. If you were diagnosed as a child I believe there is a 3 year extension period on top of that. You may have a case based on the relationship between risperidone and tardive dyskinesia.

    There are a number of high profile cases in the US and a fair bit of literature on the relationship. There are a number of lawyers in this area of law that will do a no win no fee agreement. If you jump onto: https://lawtap.com/au/ you should be able to find a lawyer able to help you. After a review of the facts your lawyer will be able to tell you if this is a public liability issue or if you have grounds for medical negligence or any other action.
     
  3. Lydia Walker

    Lydia Walker Member

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    Thanks for the reply

    I have just been diagnosed and I don't know how I'll afford treatment and since I feel the hospital was responsible and did not do anything to stop it from worsening then something needs to be done.
     
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