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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?

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Attorney answers 4


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!

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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.

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no there wasn't autopsy done just toxicolgy done. the police and cornoner ruled it as accidental overdose. the thing is theres a bit moretothe story basicly my son responsiable good kid going to college. goes to counsiling to talk about lossing his dad. Next, thing i believe is they had to find something wrong with him in order for mc+ to pay. So bipolor which he wasn't so they put him on meds. Than he tries to kill himself after being on zoloft. They make him go to this same hospial for 3 days but gives him stronger meds like xanx and searquel, ambien and paxil . He becomes an attict doesnt even know it cause ambien ( hee did the craziest stuff while on it). he overdoses 2 weeks prior to his death. he goes into this hospital and dies the next night while this same doctor gives him all 7 prescriptions.


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.


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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