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Botox injection in neck

Hi, I have a Medical Law query I got an injection in June from a Doctor into my neck. The purpose of the injection was to help with trapped nerves in my hand. Before the injection the Doctor never explained what type of injection it was or it’s side effects. After the injection I found out that it was a Botox injection which the Doctor gave me and obviously the injection has gone wrong because since June when I got the injection I now suffer with limited use of my hand and arm and my neck is in extreme pain every day. Since June I have been confined to bed each day because I am just too sick and weak to get out of bed. How do I proceed? Is my Doctor liable?

The fact that Botox was injected doesn’t mean that it was right or wrong. I am not a medical practitioner so I don’t know what was in the Doctor’s mind in providing thistreatment.

It certainly seems that something has gone dreadfully wrong and the first thing I`would say is that this listener should have given informed consent for the procedure, knowing the full side effects that might be possible with the treatment.

The listener doesn’t say what treatment she is undergoing at the moment – whether she is still with the same Doctor or whether she has sought specialist advice. If he or she has not sought the treatment of a specialist they should go immediately and consult with one, ask their opinion, get on the road to recovery and then ask for a medical report on the nature of your treatment and bring that report to a Solicitor to answer the question, is the Doctor liable?

Please remember that from the date of the injection there are two years under the Statute of Limitations to issue Court Proceedings or bring a case to PIAB.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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