The Opioid Addiction problem in America has been well covered in the media. In 2015, over 92 million people were prescribed opioid-based pain medication; that’s about 38% of the US population. Approximately two million people report that they are dealing with an addiction to their pain medication.
Opioid painkillers have been involved in an alarming number of deaths, around 62 people per day in 2015. More and more people are reporting that their addiction was actively facilitated by healthcare providers and drug companies. The number of lawsuits that have come about, as a result, are rising.
The Rise in Lawsuits
In 2003 the makers of Oxycontin, Purdue, were sued successfully by 5000 of its patients for failing to warn of the addictive nature of its product. Following this, the litigator who won the case, Paul Hanley, has filed lawsuits against other opioid manufacturers on behalf of cities and counties in five states over the opioid addiction problem. One of the lawsuits’ claims is that the companies engage in unethical marketing practices, including incentivizing doctors to prescribe their products.
A multi-state investigation into opioid manufacturers has also been launched by 35 state attorney generals, which has been likened to a similar movement against Big Tobacco. Although these lawsuits don’t address the entire issue, they are sending an important message to opioid manufacturers.
Medical Malpractice Claims
Over the past four years, medication-related claims have been the fourth most common reason for medical malpractice suits.
Some of the medical errors have been due to technical errors with computer systems, accidentally issuing the wrong dosage. There have also been cases of inadequate monitoring. Patients in need of pain medication are prescribed opioid-based painkillers and then not monitored correctly to see if the medication is working for them or if they still need it. Prescriptions are then continually renewed, leaving patients taking highly addictive substances that they don’t need, essentially unmonitored.
There have also been cases where doctors have not even examined a patient before prescribing them opioid-based medication.
If you think that malpractice was a factor in your case, then it’s a good idea to discuss it with a legal firm who are well versed in working with malpractice, as they will be able to advise you on whether your case is viable.
Were You Overprescribed?
The CDC has set out guidelines that healthcare providers should follow when prescribing medications. If your healthcare provider has not followed these guidelines, then it is possible that you were overprescribed. Some negligent circumstances in which to prescribe opioids are:
- Prescribing them to a patient with a history of addiction
- Prescribing a higher dose than necessary. The CDC recommends prescribing the lowest possible dose and then only increasing it if there is no improvement.
- Opioids and Benzodiazepines should not be prescribed at the same time unless absolutely necessary.
