
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 888-526-8947 for a free consultation.
Overdose - Frequently Asked Questions
A medical error during surgery can lead to brain stem damage. When that happens, the patient may develop a host of complications. Perhaps the most severe is locked-in syndrome, an extreme form of paralysis in which a person loses the ability to move every voluntary muscle in the body except the ones controlling eye movement.
Read More
“Contributory” or “comparative” negligence in relation to medical malpractice means a claimant contributed to their own harm, and cannot obtain full compensation from the other party. This legal standard bars claimants from recovering full compensation if they were partially at fault for the damages they incurred. In medical malpractice cases, contributory negligence can prevent patients from recovering
Read MoreOverdose - News Articles
In 2007, Rebecca Gapinski brought her husband, Daniel Gapinski, into OSF St. Francis Medical Center located in Peoria, Illinois for surgery. His doctors had identified a growth in his brain and they needed to evaluate the tissue for cancer. Dr. Neena Gujrati, the attending pathologist who analyzed the specimens, reported that the growth was a
Read More
On October 17, 2013, Terrea Holly found herself lightheaded. Her heart was racing and she was unable to catch her breath. As she rushed to the emergency room, run by the Detroit Medical Center (DMC), she tried to take deep breaths and to not panic. To her initial relief, after being seen by a DMC
Read More