When you go to the doctor, you think you are doing something good for your body’s wellness, and you expect that any medications are going to make you feel better in the short and long run.
If you were seriously injured in a car crash or some other accident, you may be in a lot of pain. In this case, your doctor will prescribe you opioids. Although these drugs are effective in pain relief, they can be extremely addictive. Our Sherman Oaks injury lawyer has frequently heard stories of people being prescribed painkillers and later abusing them for the high they can give.
When writing a prescription, the doctor needs to apply the proper standard of care, and this includes informing the patient that this medication can be addicting. They should also be wary of extending any prescriptions after the original period of which the patient is supposed to use them. Wanting to continue using a prescription opioid is a key sign of addiction.
If the doctor showed little to no concern about possible addiction, there might be a viable medical malpractice case. Medical malpractice applies when a doctor’s actions or inactions lead to someone’s serious injury or death.
You should always hire a lawyer before filing for a medical malpractice claim. This is a complex legal process that requires a lot of evidence and documentation.
To provide an opinion in a pain medication medical malpractice lawsuit, your lawyer will need to find an expert witness to describe:
- patient’s medical history
- patient’s symptoms
- patient’s diagnosis
- doctor’s experience and training
- doctor’s follow up with the patient, and the
- accepted standard of care during the treatment period.
The doctor’s experience, training, and conduct will also be examined. If their actions went beyond the scope of their training and experience, then your chances of winning your medical malpractice lawsuit increase.
The best wrongful death attorney in Sherman Oaks will be able to call expert witnesses to testify against the doctor that prescribed the opioids that lead to an overdose. They will also be able to get the maximum settlement for you and your family.