Lindsay Lohan is looking better, right? Back to the red hair, back to the work ethic (reportedly)? Maybe it has all been the result of bad drugs. Bad prescription drugs. The story continues ....
Medical Board Investigation into Lindsay Lohan Doctors - Lohan Attorney's Letter Starts Ball Rolling
It's being reported at TMZ that the California Medical Board is formally investigating the physicians who prescribed an assortment of drugs to Lindsay Lohan. The Medical Board investigation purportedly began after Lindsay Lohan's attorney, Lisa Bloom, wrote the California Attorney General to formally complain about the doctors. The prescriptions included not only Adderal, but also Ambien, Dilaudid, Nexium, Trazodone, and Zoloft.
Will Lindsay Lohan Sue Her Doctors For Medical Malpractice?
Couple of weeks back, we pondered Lindsay Lohan's reported misdiagnosis of ADHD, and the possibility that she might have a lawsuit against her doctors for medical malpractice. Every state in the union has a set of laws that control when people can sue their doctors - and California has its own set of medical malpractice statutes.
Deadline to file for Medical Malpractice Set by Statute of Limitations
Lindsay has a deadline to file any negligence lawsuit against her former health care providers, a deadline set up by the California legislature. It's two (2) years from the date the harm is discovered (Cal. Code of Civ. Proc. Sec. 335.1).
Lindsay Lohan doesn't have to hurry and file today, however, or before the end of the year: so the fact that nothing's been filed isn't a clue that a lawsuit isn't being considered, even prepared.
However, considering that Lindsay Lohan's attorney wrote a letter to the Attorney General, complaining about the actions of her physicians is very curious. While the actions of the State of California would result in criminal proceedings (think Anna Nicole Smith), the facts and evidence derived from the state's investigation could be valuable in any medical malpractice civil case that Lohan pursued.
Medical Malpractice Case: Liability and Damages
Any med mal case - like any personal injury case -- is made up of two core elements: (1) proving liability of the defendants and (2) establishing your damages. The California investigation could help with the liability prong.
And Lindsay Lohan's rapid Phoenix-esque return to legitimate, A-list stardom? That would help establish the millions of dollars in career damage any negligent drug intake had upon Ms. Lohan.
Lindsay Lohan Has Around Two Years to Sue Her Doctors For Misdiagnosis
Lohan will need some time to build that career back up. She's got until the California limitations deadline to give it her best shot. Two years for a full comeback - and a tidy lawsuit.
By on September 14, 2010 11:49 AM
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