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A Doctor’s Liability for Opioid Over Prescription and Abuse

Opioids are incredibly potent drugs used to treat pain, often prescribed to fight pain after surgeries. However, opioid prescriptions can also be hazardous and addictive. Opioid over-prescription has been shown as one of the leading causes of the opioid epidemic and opioid abuse and overdoses. The CDC reported that between 2000 and 2014, almost half a million Americans died of an opioid overdose. However, the question of a doctor’s liability in opioid abuse, addiction, overdose, and death remains murky. Here’s what you need to know about doctors and opioid overprescription.

When is it Malpractice?

Definitionally, malpractice occurs when a doctor causes harm to a patient either through negligence or intentionally. In other words, the doctor fails to comply with the standard of care that all doctors must reach. If a doctor prescribes opioids for a patient who does not need them medically for their symptoms or prescribes them to the extent that harms the patient, then the prescription of opioids could be considered malpractice.

Because opioids are a type of pain medication that a doctor can only prescribe and cannot be obtained over the counter, almost all opioid consumption—not including the illegal sale of the drugs—is sponsored by a healthcare professional. This results in what many refer to as “pill mills”—doctors overprescribing opioids knowingly.

What Are My Legal Options?

If you’ve been overprescribed opioids, you may be curious what your options are, legally. If you think your addiction, overdose, or harm was due to a doctor’s negligence, you may have a malpractice case. Contact a malpractice attorney in your area to talk through your case to see if you may be eligible for compensation. An experienced attorney with knowledge of opioid malpractice cases will be the best equipped to help you get justice.

Contact Herrman & Herrman P.L.L.C. at 361.882.4357

Our firm is equipped with over 100 years of combined experience handling personal injury cases across Texas. Our outstanding record of favorable settlements and verdicts includes over 20,000 successfully resolved cases. Once we take on a case, we are relentless, and you can rely on us to pursue full compensation for you.

  • You can trust our attorneys to be compassionate and professional.
  • We will fight hard to obtain a fair settlement for you.
  • Our firm represents the injured and families who have lost a loved one due to others’ negligent acts.
  • We serve as counsel in a range of injury cases – including car, truck, motorcycle, bicycle, pedestrian accidents, premises liability cases, product liability cases, and medical malpractice claims.
  • We have the ability to dispatch the Herrman & Herrman Accident Investigative Team to the crash scene to start an investigation and preserve critical evidence.