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Would i have a case? My son died suddenly after getting out of the hospital. It was from accident perscription drug overdose.

El Dorado Springs, MO |

My son who had turned 20 died suddenly in my home after being released from the hospital the night before. He died from a accidental perscription drug overdose. On his release i found out after, the doctor had perscribedhim 7 different medications. my son never had problems before at least not til they put him on meds. After they put him on meds he tried to kill himself and he became addicted to them. He went into the hospital for a week the meds. one doctor released him with was, ambien for sleep, trazodone for sleep, lexapro for depression, klonopin for anxitey, hydrocodone for pain, zytrec for allergy, and flomax for his kidneys. Can this doctor be held accountable for over perscribing, neglect, mal practice, wrongful death?

Attorney Answers 4


  1. I am so sorry for your loss. It may be possible that the care and treatment your son received, or didn't receive contributed to his death. The only way to know for sure is to consult with a local attorney who can evaluate the case, which would include a review of your son's medical history and medical records. You can find someone in your area by searching among the attorney profiles here on AVVO. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


  2. I'm extremely sorry to hear about your son. I assume that you are having an autopsy done, or you had it done. You are asking whether this is medical malpractice. The only way to determine malpractice is to have a medical malpractice lawyer order your medical records and have an expert review them to ascertain whether or not there was a breach of the standard of care. You may search Avvo for a medical malpractice lawyer in your city to obtain representation.

    Free Consultation. 1-877-258-3083. Serving the Nation. Only 29% Fee Deducted.


  3. I am very sorry to hear this. In Missouri, generally, a doctor can be held responsible for his or her negligence, which is commonly referred to as medical malpractice. And more specifically, a doctor can be held responsible for his or her negligence in the prescription of drugs. As with most cases, the details of your son’s death will determine whether your son’s doctor can be held accountable. It is best that you consult with a local attorney trained in handling medical malpractice cases. Please know that in general, in Missouri there is a two year statute of limitations on medical malpractice cases. However, when death results from the medical malpractice, there is a three year statute of limitations. So the sooner you consult with an experienced attorney the better.


  4. I am sorry for your the loss of your son. There are various factors to consider. If the doctor prescribed medications that had contradictions with other medications, then the doctor may be liable. The doctor may also be liable for prescribing medication not appropriate given you son's mental state. There are many variables and his records would need to be thoroughly reviewed by an expert.

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