If your doctor has overprescribed medication and you become addicted, then you are a victim of medical malpractice. You may be able to sue your doctor for medical malpractice if you become addicted after your doctor prescribed too many opioids, too often.
Any injuries or harm caused by a doctor’s negligence in prescribing too many medications can result in the doctor being liable. The key to proving negligence is essential in a successful case.
Overprescription can lead to drug addiction
While many medications can be addictive, the risk of addiction is much higher with opioid medication and their overprescription. Both the pharmacist who dispensed the medication, and the doctor that prescribed it have a duty to ensure that addiction is prevented.
All of the following medications contain opioids:
- Fentanyl
- Hydrocodone
- Heroin
- Methadone
- Oxycodone (OxyContin)
- Codeine
- Propoxyphene
- Meperidine
- Vicodin
- Oxymorphone
- Morphine
Because they alter brain chemistry, opioids can be very effective in short-circuiting pain. However, the drug can also cause dependence. Your body inserts the medication into its natural feedback loop. When you try to get rid of it, your body becomes unable to function properly and you experience withdrawal symptoms.
It is not easy to overcome opioid addiction. Many people suffering from opioid addiction are not addicted to the drug due to recreational use. They were prescribed the drug by their doctor, sometimes in excessive amounts and without proper monitoring. Any injuries caused by a doctor who prescribes too many opioids to a patient or fails to monitor them regularly can be considered at fault.
A doctor’s liability for drug addiction due to overprescription
At Lawyers Helping People we want you to know that an attorney can help you hold your doctor liable for a drug addiction you developed after they prescribed you too much of a medication. Four things must be proven in order for the case against opioid addiction to succeed.
- A duty of care was owed to you by the prescribing doctor
- Your doctor breached their duty to care by prescribing too many drugs, not monitoring you properly, or recklessly and negligently prescribing them
- You developed an addiction to the medication because of the failure of your doctor
- You were a victim of addiction and suffered losses, whether economic or non-economic
Duty of care
All patients are owed a duty of care by their doctor. This includes placing the patient’s best interests first, and taking every possible step to reduce the risk of injury or harm. A doctor must follow opioid prescribing guidelines when prescribing medication. This includes understanding the patient’s history or propensity to become addicted, prescribing appropriate dosing protocols, and identifying any medical allergies or contra-indications.
Violations of duty
If a doctor’s conduct or behavior is not consistent with what a reasonable person would do in similar circumstances, they are in violation of their duty to care. We can bring medical experts witnesses into a medical malpractice case to play the role of reasonable persons. Our experts can review the evidence and explain why your doctor overprescribed the medication you have received.
Addiction development
To be considered malpractice, a doctor’s negligence must cause or contribute directly to the injury or harm suffered. We must establish a clear connection between the doctor’s prescriptions and your addiction to the drug. This connection can be made clear by a variety of evidence.
Damages sustained
We must also list all the injuries you have sustained as a result of your addiction. The next step is to file a lawsuit against your doctor, requesting that they pay you compensation. You may be eligible for compensation for:
- Medical bills
- Lost wages
- Reduced capacity for earning
- Pain and suffering
- Emotional distress
Conclusion
A doctor should be there to help, not harm you. If a doctor has negligently prescribed you an opioid containing medication, and you have become addicted, you have rights. Contact an attorney to discuss your case and schedule a lawyer consultation.
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