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Suing my Psychiatrist for overprescribing Adderall


clp0001

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I was prescribed Adderall from 2000-2014 with the dose increasing to 160mg a day for the last 4 or 5 years (from 2009-2014). During those years I had psychosis, auditory hallucinations and OCD all of which have disappeared since being off the drug for two years. My primary reason for deciding to pursue action now after much deliberation is that this week I've been wearing a heart monitor 24 hours a day and the cardiologist just called to say I have severe palpitations (that I can feel and had felt for years on adderall). The electrophysiologist said I have Atrial Flutter and I have to go in next Thursday for a echocardiogram. The drug has such a high risk for heart problems and the dose he prescribed was toxic. The one difficulty with the research regarding heart problems and Adderall is that most research is based on normal doses of 20mg or high doses like 90mg. I don't think there are any studies of the effect of 160mg of Adderall a day for years. That amount is more similar to meth or cocaine (unbeknownst to me back then) from what I've learned recently. Also, I had high blood pressure while I was on Adderall and the psychiatrist insisted (to the point of an argument) that it was from weight gain rather than the 160mg he had me on. I have had normal blood pressure since going off even at a higher weight. Do I have a potential law case against my psychiatrist who prescribed me 160mg of Adderall a day? I was told that was 4x the recommended dose. (If anyone knows where I can verify that, please let me know.) Thank you for your help!

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The maximum recommended daily dose of Adderall is 40 mg for ADHD and 60 mg for narcolepsy, according to the Physicians Desk Reference 2011.

 

I was at 60mg highest my psychiatrist said he would ever go but I know alot of people on here given higher but 160mg a day script is definitely the most I recall hearing about.

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I've never heard of any dr. legally prescribing more than 60 mg per day.  I thought that was the maximum dosage (based on what I've read.)

 

In order to sue someone, you need to prove that their actions have caused permanent damage to you, whether it's your health or your property.  (I sued someone years ago for a car accident that left me permanently disabled, so that's how I know.  I will say that it took years, the lawyers took 1/3 of the money, I had to go to a deposition--NOT FUN-- and I had to keep pushing and pushing because the original settlement offer was super low.)  

 

It sounds to me like you have a case.  You will need to talk to a good attorney who specializes in medical malpractice suits.  You'll need medical charts from before, during, and after your time on adderall to prove that this is what caused it.  I have no doubt that it was the adderall, but I imagine that your psychiatrist and/or their insurance company has some cadillac lawyers who will go to the ends of the earth to deny your claims, say that it was a pre-existing condition, etc.

 

In other words, it's going to take some legwork on your part and it's going to take time, but I think you should go for it.  Get a free consultation with a good attorney and see what they say.  Usually, for lawsuits, they don't collect $$ until the case is settled.

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I've never heard of any dr. legally prescribing more than 60 mg per day. I thought that was the maximum dosage (based on what I've read.)

In order to sue someone, you need to prove that their actions have caused permanent damage to you, whether it's your health or your property. (I sued someone years ago for a car accident that left me permanently disabled, so that's how I know. I will say that it took years, the lawyers took 1/3 of the money, I had to go to a deposition--NOT FUN-- and I had to keep pushing and pushing because the original settlement offer was super low.)

It sounds to me like you have a case. You will need to talk to a good attorney who specializes in medical malpractice suits. You'll need medical charts from before, during, and after your time on adderall to prove that this is what caused it. I have no doubt that it was the adderall, but I imagine that your psychiatrist and/or their insurance company has some cadillac lawyers who will go to the ends of the earth to deny your claims, say that it was a pre-existing condition, etc.

In other words, it's going to take some legwork on your part and it's going to take time, but I think you should go for it. Get a free consultation with a good attorney and see what they say. Usually, for lawsuits, they don't collect $$ until the case is settled.

Thank you for your help BeHereNow! I'm so sorry to hear about your car accident and how long it all took. I talked to one of the best mal-practice lawyers in Denver where I live who I was connected with by an acquaintance. He said the same thing and said the case could end up being much more expensive then their lawfirm can afford or risk. But he wants me to call him back when I know more about my heart because I'm still getting information back from tests done this week. Hopefully, the tests come back normal and healthy and I was misdiagnosed, but if there is expensive and extensive permanent heart damage, he wants me to call back. Anyway, thanks again for your help and sorry again about your car crash.

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My only thought is if that amount was actually illegal why did the pharmacy fill your prescription? They would be held liable as well I would think. Also the insurance company should have seen a red flag also unless you paid all out of pocket.

I've been researching the drug and I don't see any laws around dosage limit, but I did read that you can sue if a psychiatrist practices out of normal ethical standards and if another psychiatrist can verify that he was prescribing way too much. my next psychiatrist after him was shocked by the dose and would only prescribe me 40mg a day (thank god! Because that was the only way I got to a low enough dose to quit and it was the first time I was informed that my dose of 160mg a day was insane).

The pharmacy would call him to preauthorize that it was the right dosage and he'd say yes and they'd give it to me. I thought a preauthorization was normal for controlled substances but from reading more I don't think it's always necessary unless the dose is ridiculously high.

The insurance company didn't say anything either and I went through insurance. My multiple therapists and internist thought it sounded high but they didn't say I should stop taking it. There was a long line of people involved in making this seem like an acceptable dose but I don't think any of them can be held liable because i don't think it's an illegal dose, I think it's just a really unethical dose.

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  • 2 weeks later...
  • 6 years later...

I was prescribed 180 mg adderall a day plus 60 mg of vyvanse. The doctor prescribing it didn't seem to care what it was doing long term to my brain. After researching I decided to stop taking it and stop going to that doctor. It's been a year now and I still feel mo motivation and no joy. I look at the wall and long for the days I felt like doing anything. I wish I had known I was depleting my dopamine. I figured if my BP and blood work was within normal range I was OK and when I would quit I would return to my baseline. I was way off. My kids are stuck with a lame ass mother now that looks at the wall all day.

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