Overdose & Medical Malpractice Law
If you or a loved one suffered an overdose from medical negligence, you may be entitled to compensation.
If a medical professional or facility caused an overdose, this could be an act of medical negligence. A hospital, doctor, or any other healthcare professional who causes injury to a patient through negligence or omission is considered medical malpractice. This negligence might be an error in diagnosis, treatment, aftercare, or health management.
Taking more than the normal or recommended amount is an overdose. An overdose can be deliberate or accidental. Please note that medical negligence could lead to an overdose of any drug, but the primary focus of this webpage is opioid overdoses.
How Medical Negligence Could Lead to an Overdose
Doctors and other healthcare providers must explain the risks of taking opioids. Although opioids can be an effective part of a pain management program, some healthcare providers are careless in prescribing and checking their patients.
Victims and Family Legal Rights
Patients who suffer an overdose from medical negligence might be entitled to compensation for damages such as medical bills and mental anguish. If the patient passed away from an overdose, it is possible that surviving family members can file a wrongful death claim or lawsuit.
Survivors of an overdose or family members should know their legal rights. A medical malpractice lawyer who accepts opioid overdose cases can provide this information.
Medical Negligence Factors in Opioid Abuse and Overdose
Opioids are extremely addictive. Doctors and other medical providers must be prudent in prescribing them to patients. They must regularly check patients who take opioids for an extended period to make sure patients are not abusing or misusing their medicine.
The Centers for Disease Control and Prevention (CDC) warns that anyone could become addicted to opioid and subsequently overdose. Certain groups of people are at higher risk, including patients who are:
- Age 65 and older
- Have medical conditions such as sleep apnea, and impaired kidney or liver functions
- Are inconsistent with dosage
- Combine opioids with alcohol and other drugs
Any patient who takes opioids is at risk for overdose in certain situations. These include:
- Prescription too potent for their age and health
- Incorrectly filled by a pharmacist
- Inappropriate medication for a condition
- Inaccurate doses from hospital or facility staff
Prescription Opioid Abuse Is a National Crisis
According to the National Institute on Drug Abuse (NIDA), more than 130 Americans overdose on opioids every day. In 2017, the NIDA reported 47,000 deaths from this highly addictive painkiller. The U.S. Department of Health and Human Services estimates that 40 percent of opioid overdose deaths are from prescription opioids. These includeOxyContin®and Vicodin®.
Free Consultation
If you or a loved one experienced an opioid overdose due to medical negligence, please call Newsome Melton at (855) 633-2757 for a free consultation.
Overdose - Frequently Asked Questions
What is a Cephalohematoma? A cephalohematoma is a common birth injury associated with labor in which forceps or vacuum extraction is necessary. This condition can also occur if the baby’s head happens to bang against the mother’s pelvic bone during labor. A cephalohematoma is a lesion on the newborn’s scalp due to an accumulation of
Read More
Medical expert witness testimony is required for all malpractice cases in Florida. Only someone who meets the requirements established in F.S. §766.202(6) legally qualifies as a medical expert witness in Florida. The statute requires that a medical expert witness must: Regularly practice in their field; Hold a professional degree from a university or college; and
Read MoreOverdose - News Articles
Jury Finds New Jersey Hospital & Doctor Liable for Brain Trauma; Awards Family $17 Million Kelsey Heaney was seven-years-old when she began showing signs of respiratory distress. Her symptoms became so severe that her parents rushed her to the Jersey Shore University Medical Center on November 14, 2008. The attending physicians quickly diagnosed Heaney with
Read More
After Marlande Lazard moved from Haiti to Miami 26 years ago, she began traveling back to the Caribbean island on medical missions, determined to teach women there how to check themselves for breast cancer. So, four years ago when she felt a lump on her chest, she knew that she needed to go to the
Read More