Home Addiction Addicted to Opioids: Can You Sue?

Addicted to Opioids: Can You Sue?

https://www.freepik.com/premium-photo/bottle-oxycodone-obtained-illegally-concept-medical-false-prescriptions_7259349.htm

Having surgery can often involve a lengthy recovery process that requires some sort of pain management in the meantime. While prescription drugs can help ease the pain tremendously, there are times when the medicine can be abused, causing the patient to become addicted. If you have become addicted to opioids and are wondering if you can sue, you might have a case after all.

You Are Not Alone

Contrary to what you might think, addiction to pain medication is actually quite common. One of the main ingredients that helps pain medicine be effective is opium, which is also found in heroin.

This is one of the reasons why even prescription pain medicine can be very addictive, and why its use must be properly monitored. Just as street drugs, such as heroin, can be extremely addictive, overcoming an addiction to pain medicine can be just as difficult.

Is Your Doctor To Blame for Your Addiction?

In order for your doctor to be liable for your opioid addiction, you must prove that there was some sort of negligence on the doctor’s part. Many things can fall under the category of negligence such as your doctor giving you the wrong medicine or not informing you about the side effects.

If you feel that your doctor didn’t provide care that was up to standard, you should contact your attorney. The civil court may be your best option for pursuing justice (Source: https://cochranfirmnashville.com/areas-we-serve/nashville-tn/product-liability-lawyer/).

Proving Your Doctor Was Negligent

In order for your attorney to prove medical malpractice, they will have to obtain and go over all of your medical records as they pertain to your issue at hand. They will want to determine whether or not the treatment you received was substandard, and if your addiction was a direct result of such negligent care.

This will require the assistance of a medical expert who will consider the following:

  • Your complaints regarding the level of pain you were experiencing
  • Medical literature suggestions on the proper treatment for your diagnosis
  • Your medical diagnosis or condition
  • Previous medical issues and history

Furthermore, whether you have previously had any type of drug addiction would be considered as well. Of course, this would be a huge issue had you disclosed this to your doctor, and they still gave you a prescription for an opioid.

When Liability Is Unclear

In the above-mentioned example, any doctor who knowingly prescribes an opioid to a recovering addict is clearly negligent. However, if you are suffering from long-term pain but have become addicted to the medication as well, trying to prove medical malpractice can be quite tricky.

One of the reasons is that although you might be addicted to the medication, you are still suffering from pain; however, this is when your doctor should consider other means of managing your pain.

Being Fully Transparent With Your Doctor

When it comes to dealing with severe pain, the only thing on your mind might be getting immediate relief. However, taking pain medication for long periods of time can be quite detrimental, even for someone who doesn’t have a history of addiction.

It is important that you are totally honest with your doctor if you feel that you are having trouble tapering off of your pain medication. While you might contribute this to the pain, it could also be because you have acquired an addiction to the medication.

Medical malpractice must be proven, which is why so much is considered, especially in the case of opioid addiction. The best thing for you to do if you are unsure whether you have a case or not is to speak with an experienced attorney.