The doctor prescribed a different medication for her.

I don’t think her case is going anywhere. She is suing pro se, which means she couldn’t find or doesn’t want a lawyer to take her case.

Because the doctor prescribed a different drug.

Don’t get your hopes up. She sued pro se, which means she couldn’t find or doesn’t want a lawyer to take her case. Either way, it is very unlikely she will win.

Doctors are expected to mitigate risks, too. Valproate-induced spina bifida is a real problem, it is caused by people who didn’t “mitigate their risks”, and doctors have a responsibility to prevent it when it won’t harm their patients.

Despite what patients often think, doctors are not drug dispensaries. It’s not their job - and never has been - to give patients whatever drugs they read about online. If there is a less risky drug that can treat the patient, they will prescribe that instead.

To take another example, vancomycin is an antibiotic of last resort. Bacteria have not yet developed widespread resistance to it, so it is reserved for patients who have antibiotic-resistant infections. The more it is used, the more likely bacteria will finally develop resistance to it.

Next time you get antibiotics, try telling your doctor “No, I want a vancomycin prescription”. You will be disappointed. They are going to give you what the think is best for you without incurring unnecessary risks

My guess is that drug is valproate. It’s used for headaches as well as epilepsy, though obviously other drugs can be used instead.

The problem with valproate is that it is causes birth defects in two thirds (!!) of pregnancies, including spina bifida in 10% of pregnancies.

The World Health Organization and the European Medicine Agency have issued statements/regulations against prescribing it to any women of childbearing potential. Just to be crystal clear, neither the WHO nor the EMA pay attention to Dobbs, the SCOTUS, or the GOP.

If you go to a doctor and demand a course of antibiotics for a viral infection, they have been trained to refuse. Because antibiotics do not treat viruses, and careless use of antibiotics increases bacterial resistance.

People have agency, but so do doctors. They are entitled to refuse to provide a prescription that is not in keeping with the standard of care, and offer a different prescription instead. You are entitled to find a different doctor.

I’m quoting the WHO and a European agency, neither are American health care. This is a universal approach taken by health care, which in general is concerned with outcomes. Which means acknowledging that no matter how often patients say “Trust me”, they know a certain number will have a bad outcome.

It’s the same reason why doctors increasingly urge their patients to not keep firearms at home. It’s not a matter of trust, it’s a matter of statistics.

Most people who take Viagra have hypertension, because hypertension is the main cause of ED. That doesn’t mean Viagra is dangerous, but you shouldn’t combine it with certain other drugs.

There is a world of difference between valproate and Viagra. Valproate causes birth defects and cognitive delay in 30-50% of pregnancies, which is astonishingly high. If Viagra caused permanent harm to even 5% of users, it would already be off the market.

Your link literally explains how to sue a doctor for malpractice after signing a liability waiver.

No, I don’t get that. If a drug might result in birth defects, it should only be used as a last resort. And that’s not just me or some random NY docs saying it, it’s the WHO and European Medicines Agency