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As reported by The Los Angeles Times, a Hollywood doctor prescribed a 4-year old boy marijuana cookies as a treatment for bipolar disorder and attention deficit hyperactivity disorder (ADHD). The California medical board alleges that Dr. William Eidelman, who practices natural medicine, recommended the marijuana cookies to the boy’s father to control temper tantrums. A school nurse reported the father to child protective services when the father requested that the nurse give his son one of the cookies at lunch to help control the behavior in the afternoons.
While medical and recreational marijuana is now legal in California for those over the age of 18, the effects of marijuana use on minors may lead to harm. If your minor child has suffered injury due to prescribed marijuana, you should consult with a personal injury attorney regarding your legal rights.
California Medical Board Order Revocation of the Doctor’s License
After investigating the matter, the Board ordered revocation of Dr. Eidelman’s medical license. The Board found that the doctor met with the boy for just 30 minutes before concluding that the boy had a probable combination of bipolar disorder and ADD/ADHD. The doctor recommended the father try cannabis cookies as a treatment.
The Medical Board ruled that the doctor was “grossly negligent” for diagnosing the boy without further investigation, such as obtaining school records, discussing moods and sleep patterns with the father, or seeking an opinion from a psychiatrist. The Board said that tantrums alone were not sufficient to support either diagnosis.
The Board did not criticize the doctor for the marijuana because there is a lack of evidence regarding the use of marijuana to treat children. However, the Medical Board found that recommending marijuana as a treatment was inappropriate because the doctor’s diagnosis of the boy’s conditions were incorrect. The Board’s decision also stated that although the doctor did not diagnose the child outright, labeling a child with a mental condition can be harmful if the child does not have the condition.
The case is in litigation, so the doctor still has his license pending a final determination in the case.
Was Your Child a Victim of Medical Malpractice?
Misdiagnosis of a medical condition can be a form of medical malpractice. When a physician fails to diagnose a patient correctly, the patient can suffer harm and injury. To prove medical malpractice for misdiagnosis, a patient must provide evidence that establishes the four required elements of a medical malpractice claim in California:
- A patient-doctor relationship existed;
- The doctor violated the acceptable standard of care;
- The breach of duty by violating the standard of care resulted in injury or harm to the patient; and,
- The patient suffered damages because of the malpractice.
Proving that a doctor violated the standard of care requires a medical expert’s testimony to establish what the standard of care is for a given situation. The medical expert must also explain how the doctor’s actions violated that standard of care, and the violation caused the patient injury or harm.
Contact a California Personal Injury Attorney for More Information
It can be difficult to determine whether an injury or other harmful event was the result of medical negligence or was a natural outcome given the specifics of the case. Medical and legal experts work together to investigate medical malpractice claims. If you believe your child is the victim of medical negligence or error, contact the legal team at J&Y Law as soon as possible to discuss your claim.