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Is the medical insurance company liable or my doctor liable for giving me a high dose medication my body was not ready for.

Baltimore, MD |

Just recently i was given a prescription for 25 mcg fentanyl patches along with 5 mg oxycodone for pain. Originally the doctor was going to give me 10mg Oxycontin but my insurance company would not cover cost until i had tried the fentanyl patch to see if it would work. Well i took the 2 together and it was too much for me. So then 3 days later i had tried just the patch alone with no other pain medication and i ended up in the emergency room because i could not control my breathing and i was shakinging and vomiting also it felt like i was fighting to stay coherent . Also i had a hard time understanding people i was just out of it. ever since i had that episode i have found my self having panic attacks and anxiety. I do not have a history of this nor mental health problems.

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Attorney answers 3


I would think that the insurance company would not be liable. Whether of not the prescribing doctor breached the standard of care would need to be reviewed by a medical malpractice attorney.


My first and obvious question which you did not indicate is ...Did anyone, your doctor, or pharmacist tell you to take both of these together? If the insurance company would not cover initially, that tells me that another prescription had to be called in. I don't understand why you had both. You may have a case, but you will need a malpractice attorney in MD to review records. It does seem like you were on way too much pain medicine, and it is possible you may have a case, but I don't know if there are any permanent problems other than anxiety based on your question. Most attorneys do not get involved in these cases because of the costs unless there is a permanent injury.


More info is needed. A local malpractice lawyer can order your records to review.

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