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In 2009 i was overdosed on narcotics while in the hospital under the care of a physician. Can i sue the doctor and the hospital?

Tyler, TX |

Rapid response team was called in to give me a drug to reverse the drug overdose.

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Attorney answers 4


Unless you suffered a serious permanent injury from the incident, no medical malpractice lawyer will consider your case. Such cases are very difficult and expensive to prosecute and TX law makes it particularly hard for plaintiffs in many ways. Since it happened in 2009, you may also be barred by the statute of limitations. I believe the TX statute is two years, but I don't practice in TX, so you should confirm that with a TX medical malpractice lawyer.

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It's clear that overdosing a patient is a violation of the standard of care and is considered to be malpractice. Fortunately, the effects were not worse. As stated above, the issue is the extent of the injury. Typically, the only thing you can recover for is the fair dollar value of the physical and/or mental injuries. You should also inquire quickly about the applicable statute of limitations in your State.


You need to consult with a med malpractice attorney but I can tell you, absent some exception, the statute of limitations on all personal injury and medical malpractice claims is TWO (2) YEARS in Texas, so you may have passed that time period. Additionally, there are lower standards of care for emergent (emergency) care providers and if this was a response to a patient "crashing" those lower standards of care may very well apply. Go see a medical malpractice attorney immediately.

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Joseph Jonathan Brophy

Joseph Jonathan Brophy


As I said, TX law makes it very hard on plaintiffs!

Kevin Rindler Madison

Kevin Rindler Madison


Yeah, we think about this every day!


Yes, you can sue. Under the Texas Constitution, the courts are open and you may sue anyone, at any time, for any reason you think is sufficient, and without having to prove anything beforehand. However, suing is one thing, whereas winning and getting some money are quite different things.

First, it seems likely that your claim is barred by limitations. Second, you do not say how or how badly you were injured by this incident, so I infer that the injury was neither serious nor long-lasting. Unless there is more to the story, I think you'd be best advised to forget about this and go on with your life.

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