McGlynn Glisson & Koch - A Professional Law Corporation

340 Florida Blvd.
Baton Rouge, LA 70801
Phone: (225)344-3555
Toll Free: (800)725-3555
Fax: (225)344-3666
Email: TD@mgandk.com



 

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ARE ALL CASES OF TARDIVE DYSKINESIA MERITORIOUS?

Absolutely not!! Many cases have merit but most do not. The determination of what is and what is not a meritorious case is very difficult and sometimes very expensive.

However, generally speaking, those cases in which Tardive Dyskinesia has slowly developed over a lengthy period of treatment and which involve a patient who could have reasonably opted not to continue to take a neuroleptic medication once abnormal movements began, are usually cases worthy of investigation. Conversely, Tardive Dyskinesia which develops in a moderately to severely schizophrenic patient, who has no reasonable choice but to continue to take neuroleptic medications to be functional in society, is usually not a meritorious case. Similarly, cases involving a very sudden onset of Tardive Dyskinesia at the inception of treatment presents significant difficulties – unless the medication was never indicated and/or unless the doctor continued the medication after seeing or being advised of the onset of abnormal movements. These two scenarios – no indication for the medication and/or continuing the neuroleptic medicine after the onset of abnormal movements can often lead to successful outcomes.


Note

Unfortunately, due to the incredible complexity and cost of handling Tardive Dyskinesia cases, only cases of severe and persistent Tardive Dyskinesia can be undertaken. Further, a diagnosis of Tardive Dyskinesia by a competent neurologist or psychiatrist is very important to the review and prosecution of potential Tardive Dyskinesia cases.

 

340 Florida Street, Baton Rouge, LA 70801-1304
Phone: (225) 344-3555   Fax: (225) 344-3666   Email: TD@mgandk.com