Does the law create a claim for someone who committed suicide and was taking xanax?

A known risk associated with the drug Xanax is the risk associated with Xanax suicide. In short, sudden cessation of the drug, prolonged use of the drug, or even, patients with notable risks factors have significantly raised risk of committing suicide while taking Xanax. As far as legal recourse for real parties in interest, or those individuals with legally viable grounds to collect damages in the event of wrongful death, the options are twofold, including filing a wrongful death claim with grounds of product liability or filing a wrongful death with grounds of medical malpractice.

To date, there have been a number of class action suits filed against the manufacturers of Xanax and other benzodiazepines, but these claims mainly centered on the concealed addictive nature of the drugs and not the increased risk in suicide. However, medical malpractice claims against physicians and prescribing doctors have been successful when it was shown the doctor was negligent in providing access to Xanax, or immediately ceasing access to the Xanax causing withdrawal, ultimately contributing to the cause of death of a patient. 

In short, the case-specific nature of the ongoing doctor-patient relationship, as well as the risk factors attributable to both Xanax itself and Xanax in light of a patient’s conditions and other medications, must be considered before legal action is taken. For more information and insight, including whether you or your family members possess viable grounds for a wrongful death claim involving medical malpractice, it is imperative you consult with a medical malpractice lawyer in your state.