You should speak with a personal injury attorney in your area and discuss the details. it is impossible to tell you whether you have a claim or not, whether you have even standing to bring a claim etc... without having reviewed all the medical records, charts, and note and not knowing the relationship between you and your brother and a hole host of other things.
I hope this helps-
Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.
Analgesic drugs are commonly used to relieve pain. Some analgesics, such as aspirin and acetaminophen, are relatively mild and are available over the counter.
Other analgesics, however, are powerful narcotics, and are available only with a prescription. Some common prescription analgesics include morphine and codeine, which are naturally occurring opiates; hydrocodone (Vicodin and Lortab) and oxycodone (OxyContin and Percocet), which are semi-synthetic opioids; and fully synthetic opioids, such as Fentanyl and Methadone. Under the close supervision of health care providers, these drugs can play an important part of a patient's pain management regimen.
Unfortunately, these drugs can also cause serious side effects, from nausea and constipation to respiratory arrest and even death. Additionally, due to their narcotic nature, there is a high propensity for addiction and abuse. Over-prescribing these drugs, or improperly supervising a patient's pain management regimen, can cause serious personal injuries and give rise to medical malpractice claims.
Sometimes, careless physicians can transition patients from one narcotic painkiller to another, with disastrous consequences. For instance, Methadone is metabolized very slowly, and has a half-life of 15-60 hours. Additionally, it is fat soluble, and can remain in your system longer than other drugs. Likewise, OxyContin, a popular brand of oxycodone, is formulated to be released over time (the name is an abbreviation of Oxycodone Continuous release). When a patient is taken off of a "slow" drug and transitioned to a fast acting, instant release version, overdose can easily occur. The results of overdose can include respiratory arrest, anoxic brain injuries, or even wrongful death.
You should contact a medical malpractice attorney in your jurisdiction who is familiar with these types of drugs and the standards of care for prescription and patient supervision.
DISCLAIMER: THIS ANSWER IS INTENDED AS INFORMATION ONLY, IT SHOULD NOT BE CONSIDERED OR RELIED ON AS FORMAL LEGAL ADVICE. ONLY AN ATTORNEY LICENSED TO PRACTICE IN YOUR JURISDICTION, AND WHO IS ACQUAINTED WITH THE RELEVANT FACTS, CAN GIVE YOU FORMAL LEGAL ADVICE.
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