Is it malpractice to OK a patient's driving a car on 3 opiates & medical weed because of the length of time on the combination?

Asked over 1 year ago - Portland, OR

Of course this situation ended in a charge of a DUII. As expected the patient blows a zero for alcohol and has three opiates & medical cannabis in the urinalysis as expected. Physician states that it would not have been a factor & blames it on the heat of traffic & weather. Really?

Attorney answers (5)

  1. Richard E Oberdorfer

    Pro

    Contributor Level 12

    13

    Lawyers agree

    Answered . It sounds like that doctor should be the patient's expert witness in the DUII trial. Retain a DUII expert attorney now. Plenty of us are well-versed on defending prescription drug DUIIs. Many jurors have friends or family on painkillers, and many people are NOT impaired from use of their prescriptions. Who is the better judge: the medically trained doctor with a long-time professional relationship, or some cop who spent all of maybe 2 hours with the guy? It's a jury question. Again, get a good lawyer who has the courage and skill to fight the case if appropriate.

  2. Jeremiah Vail Ross

    Contributor Level 9

    11

    Lawyers agree

    Answered . Sounds like a tough Medical Malpractice Case without documentation that the Dr. Prescribed the opiates was aware it would be used in conjunction with Marijuana while you drive. Prescription medications usually have warnings on them and most Pharmacies require you to sign for the prescriptions and acknowledge the warnings were given to you. I don't think this case has much Jury Appeal without some evidence, aside from your statement, that the Dr. knew you would be driving after taking the opiates and medical marijuana and informed you that you would be "OK" to drive under the influence of all of these substances. However, other Attorneys may disagree.

    This posting does not create an attorney client relationship and is for informational purposes only.
  3. Josh P Tolin

    Contributor Level 19

    11

    Lawyers agree

    Answered . There is a legal issue called causation. If you are trying to blame the doctor for your accident, you may have a serious causation problem. On your medication bottles, there are no doubt warnings about not to drive a motor vehicle as the medication can make you drowsy. I don't know what warnings or disclaimers there are on medical weed, but common sense must be used. If you are smoking pot and using pain medications and driving, don't you think you bear responsibility??? Call a DUI attorney in your area.

  4. Stephen Andrew Hamer

    Contributor Level 17

    10

    Lawyers agree

    Answered . You need to contact a local criminal defense DUI attorney. Try the FIND LAWYER tab on this website. They will be able to better help you after a review of all your specific facts. Many will speak to you initially for free. Good Luck!

    BEST ANSWER I got.... and I HOPE I WAS HELPFUL!! Steve Hamer answers questions on Avvo for general information... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Retain a local criminal lawyer to defend.

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