Can a Dr. be sued for over prescribing pain medication where the patient gets addicted and has to be sent to an addiction center.

We recently had to admit my adult son to an addiction recovery center to get off pain killers that were over prescribed by his Dr. He would just call the Dr. and the Dr. would give him a prescription sight unseen. The last one was for 100 pills. This does not seen right if there are no consequences for the Dr.

Asked on March 15, 2016 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your is an adult, if there is a valid cause of action, he, not you would have to sue. As to whether there may be a valid claim, the key issue is likely whether your son knew he was getting pills when he didn't really need them for medical reason...,that is, if he was deliberately abusing the medication. If he was, he cannot recover money: people cannot get compensation for thei own wrongful, dangerous, or illegal behavior. On the other hand, if the evidence is that he had no idea the doctor was over- or wrongly prescribing, then if the doctor's behavior was wrong by current reasonable medical standards, your son may have a viable malpractice claim.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.