Lawsuit for Doctor Malpractice Resulting in Drug Addiction

Occasionally, a medical malpractice action may be based upon drug addiction caused by unnecessary surgery and subsequent severe pain for which addictive medication was prescribed.  The resulting drug addiction is the basis for the cause of action against the physician, health care provider or treatment facility.

Drug Addiction and Medical Malpractice Suits

1. Risks Associated with Pain Killers and Other Drugs
2. Doctors Liability for Negligently Prescribing Pain Killers
3. Filing a Medical Malpractice Suit Against the Doctor or Hospital
   
4. Determining the Amount of the Award or Settlement
5. Patients Contributory Negligence
   

Risks Associated with Pain Killers and Other Drugs

There are many risks associated with drug addiction.  Drug addiction can impact one’s mental and physical well being, in addition to wreaking havoc on one’s personal life.  Medical risks include include:

• physical dependency
• depression
• convulsions
• seizures
• delusions
• paranoia
• peripheral numbness
• hallucinations
• damage to liver
• damage to other bodily organs
• death

Doctors Liability for Negligence

When assessing liability for drug addiction stemming from severe pain caused by unnecessary surgery, physicians will be held to a standard of a reasonably prudent physician.  Thus, the issues become whether the physician should have performed the surgery and whether the physician’s performance of the surgery caused the drug addiction which resulted in harm to the patient.  In addition, an issue of liability involved with such a case is whether the physician warned the patient of the potential side effects, risks and adverse reactions to the pain prescription drug therapy.  Where the physician deviates from what a reasonable doctor would have done under the circumstances, the physician is subject to medical malpractice.        

Filing a Medical Malpractice Lawsuit for Drug Dependency

In order to commence a law suit based upon medical malpractice arising out of drug addiction stemming from pain caused by unnecessary surgery, one should retain the services of an experienced medical malpractice attorney. In addition, one should research the background of the attorney in order to obtain information indicating the attorney’s experience in prescription drug therapy medical malpractice, or related types of medical malpractice cases involving allegations of unnecessary surgery and subsequent pain management.

Amount of Award or Settlement

The medical malpractice attorney’s experience in drug addiction and how pain caused by unnecessary surgery impacts a patient’s subsequent damages can result in the recovery of substantial amounts for the patient. 

Contributory Negligence of the Patient

Moreover, frequently in medical malpractice cases involving drug addiction, there are issues as to the voluntary nature of the patient ingesting the drugs.  Since the physician was neither present when the patient took the drugs, nor did the physician actually administer the drugs to the patient, there are issues of contributory negligence.  These issues can complicate a medical malpractice case.  Thus, it is crucial to have adequate legal representation by a skilled medical malpractice attorney.