Med Malpractice
Is there a med mal if doctors know that patient is addicted to pain meds and they keep prescribing?
Attorney answers (2)
L. Maxwell Taylor
Reputation Level 17
Answered almost 3 years ago.
Appeals Lawyer in Middlebury, VT.
I am not licensed to practice law in California so the following should not be taken as legal advice, but simply as information based on general principles of law and intended to educate. If you need legal advice, please consult a lawyer who holds California licensure.
The answer is, maybe, maybe not. Malpractice is a special type of negligence claim against a professional. Malpractice occurs when a physician, in treating a patient, breaches the applicable standard of care and that breach of the standard of care proximately causes the patient damages.
Patients addicted to opioids may need to be weaned from them with the assistance of a physician. The patient remains addicted but the doctor continues to prescribe because the patient cannot discontinue the medication without going through withdrawal and experiencing severe pain. I cannot tell from the way you ask your question whether there is any breach of the standard of care or not. Thus, the best answer I can give you is "maybe, maybe not."
Good luck.
Alan James Brinkmeier
Reputation Level 20
Answered almost 3 years ago.
Lawsuit / Dispute Attorney in Chicago, IL.
Even if you can prove that a doctor was negligent, you don't have a case unless you can document that the negligence caused your injury or worsened your condition. If you establish liability you are entitled to damages, which can include compensation for medical bills, lost wages and pain and suffering. The damages may cover losses you've already suffered as well as future medical bills and lost wages.
Damages vary widely depending on each person's situation and you don't mention whether you have or do not have damages.
Medical malpractice cases are complicated, risky, expensive so lawyers who handle them turn down a lot more cases than they accept. So finding someone who's willing and capable.
And good luck to you.
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