When to File an Opioid Prescription Malpractice Claim
Not everyone thinks they will become dependent on medications prescribed by their doctor, but this can happen to anyone. Thousands of patients each year are finding themselves dependent on opioids or overdosing on opioids. A variety of physician errors in judgment and practice can lead to this. If you suspect your doctor was negligent, consider talking to a Wilmington medical malpractice lawyer about your situation.
HOW OPIOID MISUSE HAPPENS
Opioids are supposed to be prescribed for severe cases of chronic and debilitating pain. However, the over-prescription of opioids can lead to opioid dependence, a condition where the person cannot stop using opioids. When they do try to stop, crippling symptoms set in.
Many doctors today are aware of the opioid epidemic and have stopped prescribing opioids as often. Some doctors will only prescribe opioids as a last resort for pain. Overprescribing opioids can lead to dependence through tolerance, a process where the brain and body require more of the drug to have the same effect. This leads people to use increasingly higher doses.
As this continues, the brain and body can become dependent on opioids to manage pain. When the person suddenly stops taking opioids at this stage, withdrawal symptoms can start. These withdrawal symptoms include:
- Flu-like symptoms
- Anxiety
- Agitation
- Muscle pain
- Vomiting
- Sleep disturbances
Some people develop strong cravings for opioids to the point of taking risks to obtain the drug. This can lead to dangerous behaviors like spending high amounts of money, time, and energy to gain access to opioids. Not only can this lead to legal problems, but may also place the person in life-threatening situations.
WHEN TO FILE AN OPIOID MALPRACTICE CLAIM
Filing an opioid medical malpractice claim can be challenging depending on the situation. If your doctor took extra precautions when prescribing opioids, this could be used as a defense against your lawsuit. Any abuse on the part of the patient can be used against the patient.
However, if a doctor failed to follow protocols when prescribing opioids, this can be used against the doctor. Reckless and careless behaviors associated with opioid prescription may include:
- Prescribing opioids without checking medical history
- Overprescribing opioids for unjustified reasons
- Providing the wrong dosage
- Giving an opioid to a patient for too long
- Failing to follow up on negative effects of opioid use
To file a medical malpractice claim, you must prove the doctor-patient relationship and a breach in the duty of care. You must also prove damages and the causation of those damages. Try contacting a Wilmington medical malpractice lawyer to explore what options you have for suing.
Going up against a doctor or hospital can be daunting. You do not have to face this alone.
MEDICAL MALPRACTICE LAWYER IN DELAWARE
Struggling with opioid dependence can be life-changing. Do not hesitate to ask a Delaware medical malpractice attorney for help with your lawsuit. You can contact Edelstein Martin & Nelson by dialing (302) 295-5050 for a free consultation today. Our experienced legal team might be able to help you receive compensation for medical costs and emotional distress.