Can I Sue a Doctor for Prescribing Pain Medication to an Addict?

As a self-identifying addict, a patient should understand the potential complications associated with undergoing medical treatment involving narcotics or other controlled substances. Furthermore, as a medical professional, understanding the nature of drug addiction, especially prescription drug addiction, is important and a legal responsibility. However, in cases involving one or both parties failing to address the issue of drug addiction, serious complications and other damages may arise. For patients considering filing legal claims against a medical professional for prescribing pain medication to an addict, the only reliable method to determine one’s legal rights is through consulting with a medical malpractice lawyer in the state where the alleged incidents of wrongfully prescribing narcotics occurred.

Duty of Care and Standard of Care in Prescribing Pain Medication

Any medical professional providing treatment to a patient is legally obligated to provide treatment at the standard of care, per the duty of care owed. At its most basic level, this means a doctor has a legal obligation to not only do no harm, but also, provide reasonably competent medical care in light of the specific patient and patient’s conditions. For patient’s exhibiting drug seeking behavior or who are clearly in the midst of pain medication addiction, further prescribing pain medication is not only unethical (subject to professional and administrative action), but also may constitute negligence, creating legal liability as well.

The problem with determining whether a given doctor is liable for prescribing pain medication causing addiction is that patients seeking these medications are rarely upfront about the true intent of their actions. Although doctor’s may have a legal obligation to spot drug seeking behavior or signs of addiction, these may not altogether be clear, or may be masked by co-morbid conditions, such the actual pain requiring pain medication in the first place.

Getting Legal Help with Pain Medication Addiction Legal Action

 The issue of pain medication prescriptions, patient addiction, and doctor liability is one that has become increasing relevant, in light of increasing rates of addiction related solely to prescription pain medication. As a general overview, however, no conclusive precedents have been set, as far as patient’s rights to recovery for damages. Furthermore, state laws will widely influence a patient’s ability to recover damages, at the very least based currently on the applicable state statutes governing contributory and comparative negligence currently. However, on an individual case-by-case basis, only a medical malpractice lawyer, once having reviewed the claims made by patients and investing these elements, can make an accurate determination on whether a patient can sue a doctor for providing pain medication.