My partner and i have debated this issue on more than a couple of occassions. Doctors do have a duty as gatekeepers; they are responsible for the drugs they administer. But that does not mean you have a case an attorney is willing to handle on a contingency fee basis. First, you need an expert, i.e. another doctor to say that your doctor fell below the standard of care. Second, you need to show damages caused by the over prescription. These damages probably need to be substantial for a medical malpractice attorney to consider your case. Lastly, you need to make a good witness for a jury. Even with all those things, I still hesitate taking these cases becaues the cost to bring a medical malpractice case is high.
Bottom line: difficult case
You never state your underlying condition or what harm you have incurred. Nobody can even guess without these facts.
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