In the US, prescription drug abuse is on the rise. In 2017, an estimated 18 million people misused prescription medications, according to the National Institute on Drug Abuse.
Opioids are a type of pain medication prescribed by doctors, and they are highly abused. Similar to the way heroin or cocaine affects the brain, they are the most addictive types of pain medications. These medications are highly effective at reducing pain, but in certain situations, overprescription, overuse, and addiction can occur.
It’s a doctor’s responsibility to stay informed on the risks and dangers associated with the prescription medications they’re prescribing their patients. They have statistics and medical studies available to review at any time for any given prescription medication. Yet, people with addictions continue to receive pain medications with prescriptions from doctors.
In certain circumstances, a doctor can be held liable for a patient’s pain medication addiction. So, in what situations could this occur? Have a look below to find out.
What is medical malpractice?
When a medical professional fails to treat a patient with a reasonable standard of care and skill, medical malpractice occurs. Industry standards and the type of treatment that other physicians in the same field of medicine give to their patients determine the standard of care.
A position statement published by the American Society of Addiction Medicine outlines the responsibilities of doctors when prescribing highly addictive opioid pain medications. The statement notes that before prescribing highly addictive pain medications, doctors should first consider their patient’s medical condition, personal or family history of addiction, and psychiatric condition.
Doctors should also be regularly keeping track of their patient’s responses to medication by scheduling in-office visits to ensure there’s a legitimate need for the continuation of the medication.
These guidelines give industry standards that all doctors must meet. If they fail to do so, they can be held liable for either being the original doctor to prescribe the medication or for continuing to authorize refills of the medication after addiction is suspected.
Proving a doctor has acted negligently
To prove a doctor acted in a negligently, a lawyer will do two things. First, gather all of the medical records relating to the treatment a patient received from the doctor suspected of acting negligently, and second hire a medical expert witness to look over the patient’s medical records and give an opinion regarding whether the doctor provided treatment below the standard of care.
To prove a doctor provided treatment below the standard of care, a medical expert witness will examine the material facts of the case, including:
- Patient’s medical history
- Patient’s diagnoses
- Patient’s complaints of pain
- The doctor’s medical findings
- The doctor’s level of experience
- What medical resources, including textbooks and literature, say on how to treat the patient’s condition
Dealing with prescription pain medication addiction
Prescription pain medication addiction is difficult to overcome. A drug rehabilitation center such as Canadian Centre for Addictions offers a client-centered model that provides a highly individualized, holistic approach to treatment, many individuals have gone on to live addiction-free lives.
In addition to seeking treatment for your prescription pain medication addiction, you may want to consider whether your doctor handled the treatment of your medical condition negligently. If you think you have received treatment from your physician that falls below that standard of care, it may be time to contact a medical malpractice attorney to see whether you could be a victim of medical negligence for your medication addiction. The medical malpractice lawyers are experienced at dealing with the complexities of pain medication addiction cases and can assist you with moving forward with a medical malpractice lawsuit.
