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ADD Legal Issues

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What Is ADD?

ADD stands for “Attention Deficit Disorder.” This is a condition marked by symptoms such as:

  • Difficulty concentrating on one idea, subject, or topic
  • Being easily distracted, especially in a school or learning environment
  • Various difficulties associated with learning

ADD is usually diagnosed in young children as a learning disorder, but in recent years it has been diagnosed in adults as well. A similar condition is ADHD, or Attention Deficit Hyperactivity Disorder. This condition involves symptoms such as restlessness and very high amounts of energy.  ADD in adults has often been a factor in legal conflicts such as employment discrimination

What Are Some ADD Legal Issues?

In recent years, Attention Deficit Disorder has been the subject of scrutiny both in the medical field as well as the legal field. Some don’t agree that ADD is an actual medical condition, as there may be many different degrees of seriousness of the disorder.  However, attention deficit disorder has now become a common source of legal disputes, in various areas such as:

  • School: Various lawsuits have been filed due to the treatment of children and students with ADD. For instance, some children with ADD may need special education or additional instruction on school projects.
  • Work: Employment discrimination based on adult ADD or adult ADHD is generally illegal. However, the ADD symptoms need to be serious enough to qualify under state and federal definitions of “disability”
  • Medication/ Defective Medicine Injuries: Many different ADD and ADHD drugs have been introduced to the market, for the purpose of increasing focus and concentration. Some of these drugs are being used for the wrong purpose and are therefore leading to cases of drug abuse and addiction. Defective medicines can also cause legal issues

In most ADD-related lawsuits, the opinion of a medical expert often becomes indispensible due to the fact that ADD has only been recognized recently. Also, in order to recover damages or other legal remedies, the plaintiff needs to prove that their ADD (or treatment due to ADD) resulted in quantifiable damages. That is, unreal or imaginary losses cannot be recovered in a court of law. 

Do I Need a Lawyer for Help With ADD Legal Issues?

ADD and ADHD are serious conditions that often lead to various legal issues and disputes. You may wish to hire a lawyer if you feel that your rights have come into question due to ADD or ADHD. Your lawyer can help you with your claim if you need to file a lawsuit, and can represent you during the court process. 

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 02-13-2014 03:43 PM PST

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