There is some confusion about overdoses in the world of medication. While there are some who do abuse their prescribed medication, there are others who may suffer considerable harm due to the actions of a health care professional.
Overdoses caused by prescription errors do happen, and when they do, it’s critical that victims understand their right to pursue legal action. Certainly, there are some other things to consider before pursuing a medical malpractice claim with a Texas opioid overprescription lawyer.
Was Negligence Involved?
Before filing your medical malpractice claim following an opioid overdose, it has to be established that negligence was involved. Usually, in cases involving overdoses caused by a prescription error, there are some key factors that must be identified:
- Did the physician prescribe the correct dosage of medication?
- Did the physician prescribe the correct amount of time in between dosages?
If you can establish that the physician prescribed an inaccurate dosage of medication, you may be able to hold the physician liable for negligence. Prescribing too much of a given medication can be potentially dangerous for the patient and cause them to suffer from an overdose.
Was the Medication Taken as Prescribed?
If the medication was taken as prescribed by your doctor, yet you still suffered injuries due to an overdose, it can go toward establishing negligence on part of the health care provider. This means that the physician prescribed more of the medication than was needed, and you followed the instructions prescribed by your doctor and suffered harm.
Proving negligence means establishing that you did everything required of you when taking the prescribed medication; however, the physician may have prescribed a higher dosage than required, resulting in an overdose. Once you establish both these elements, you may be able to pursue legal action against the physician who prescribed the medication.
At West Loop Law and the Law Office of Nhan Nguyen, MD, JD, our team of Houston medical malpractice lawyers are here to fight for you. We understand that enduring the pain caused by medical malpractice can be difficult, and we will take all steps required to guide you through the process.
Houston Opioid Overdose Lawyers
In the past two decades, the number of opioids prescribed in the United States has increased dramatically, from an estimated 76 million in 1991 to nearly 207 million in 2013. In 2005, there were 22,400 overdose-related deaths nationwide, with pain killers accounting for 38.2% of these deaths. Victims of opioid overdose and their families should consult with a qualified personal injury firm that understands the law and can help you fight for the right to legal compensation by filing a medical malpractice claim.
West Loop Law and the Law Office of Nhan Nguyen, MD, JD, represents the families of Texans killed by opioid addiction. Physicians should only prescribe powerful opioids, including fentanyl, oxycodone, hydrocodone, codeine, morphine, or methadone, for short-term pain recovery. When these drugs are prescribed improperly and result in overdose or death, a Houston opioid lawsuit lawyer should be consulted in order to file a personal injury claim. Contact our offices today at 713-840-7200 to discuss your case.
Recent Comments