Can Low Testosterone Therapy Lead to a Lawsuit?

Louisville DUI Attorney Jason Brown

A recent case in Florida has drawn the attention of several people due to the novelty of a low testosterone therapy gel being used in a lawsuit. In this article we will look at the legalities of the situation and what the implications might be for those who may be suffering from low testosterone levels or hypogonadism. We will also look at how the lawsuit might affect other areas of medicine.

A Florida man was recently awarded $1.75 million due to the side effects of low testosterone therapies.

According to the Florida Times-Union, the plaintiff had filed a product liability lawsuit against his doctor, Florida Health Diagnostic Institute (FHDI), for refusing to prescribe testosterone therapies to him as part of a recommended treatment regimen. His case was primarily focused on two issues: pain related to the treatment, and the fact that FHDI did not require him to disclose he was having a low testosterone deficiency. According to the Times-Union, FHDI’s general counsel, responding to the lawsuit, said in court that the doctor was required by law to reveal the condition of the patient’s testosterone levels before prescribing any hormonal medications. The attorney representing the plaintiff then added that the doctor could also not be held liable if there were cases of placebo effects when it came to the treatment of low testosterone therapies.

The general consensus amongst medical professionals seems to be that FHDI’s argument is rather ludicrous. After all, many physicians have testified that they routinely treat patients with low testosterone therapies even though the results of these treatments are often disappointing. This may simply be because many doctors are still training themselves to use clinical standards as a basis for their treatments. In this regard, it seems that a low testosterone therapy gel could have very little impact on whether or not a treatment is successful.

However, some argue that the lack of disclosure in the case of the Florida lawsuit is not an acceptable excuse.

According to these people, the plaintiff should have been more forthright about the fact that there was absolutely no connection between low testosterone levels and the occurrence of the lawsuit. It is also worth noting that the plaintiff’s physician was willing to allow the testing to be done because he was confident that there would be no significant side effects. This willingness to compromise the safety of patients is troubling.

The bottom line is that there is simply no way that anyone can reasonably argue that low testosterone therapy can result in a low risk of developing a lawsuit. However, some may attempt to make this argument in an effort to force the FDA to enact legislation that will further protect the manufacturers of these drugs. As is the case with so many issues in modern society, however, such calls for interventionist legislation will almost always be fiercely opposed. A better approach, if there is to be one at all, is to encourage honest communication between patients and their doctors. At the very least, doctors need to make sure that they are not promoting products that may actually have harmful side effects.

Ultimately, the question of whether low testosterone supplementation can result in a lawsuit depends on what exactly the plaintiffs seek. If they are simply seeking monetary compensation for past and future medical expenses, then it is likely that they will be denied. But even if they are trying to bring about new laws regulating pharmaceuticals, they could still easily win. That being said, the bottom line is that there is simply no way to predict what the outcome of such lawsuits will be. But one thing is clear: If you think you may be eligible for a low testosterone lawsuit, then make sure you speak to a qualified attorney today.

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