How can I stop a doctor from prescribing pain killers to someone who is giving them to my sons?

My ex-husband and father to my 2 sons (ages 21 and 22) is being prescribed a never ending supply of pain killers and he in return is supplying them to my sons. Who do I go to to report this? Who should I go after? The doctor or my ex-husband? Something needs to be done before my sons end up overdosing.

Asked on June 8, 2009 under Criminal Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to file a complaint with the police.  Supplying someone with drugs, even if they are prescription, is against the law.

As for the doctor I would let the police investigate and handle this.  Make them aware of your concerns.  At some point, if there is credence to your allegations, the authorities will report the doctor's activities to the appropriate Texas licensing body and possibly file criminal charges as well. 

What you don't know here is whether or not your husband is "doctor shopping"; that is going from one doctor to another to get multiple prescriptions.  Yet another illegal activity on his part.

You should consult with an attorney on all of this first.  For your sons to be in possession of these drugs is against the law.  He will best advise you on just how to protect their interests.

Best of luck.  

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There are really two issues here:  First, misconduct of the doctor.  Second, the potential criminal liability of your ex-husband.  Reporting either one to the appropriate authority may result in your husband ceasing to supply your sons with the prescription medication.  However, the issues become a little more complicated due to the fact that your sons may be committing a crime by using and/or possessing the prescription drugs.  Therefore, reporting your ex-husband may result in the unintended consequence of exposing your children to criminal liability.  Another avenue that you may want to pursue is to file a complaint with your state's medical licensing board.  Chances are, if this doctor has a reputation as a "Dr. Feel-good" this will not be the first complaint.  If the doctor has his ability to prescribe medicine removed, your problem, at least in the short run, will be solved.  Nevertheless, since these issues are rather tricky, I suggest consulting and/or retaining an attorney experienced in the areas of criminal and administrative law prior to taking any action on your own.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm  guessing that you don't know exactly who this doctor is -- or if there's more than one doctor that your ex-husband is getting these prescriptions for. Sadly, I don't know of any easy way to stop the doctor, or doctors, from what they're doing.

However, I'm quite certain that your ex-husband is breaking the law by giving them to your sons, and your sons are breaking the law by having them.  I'm not a Texas lawyer, and I can't do more than guess at what the "controlled substance" might be in those pills, but as far as the law is concerned, those kinds of medications are illegal drugs, for anyone without a prescription to receive, or for anyone other than a doctor or pharmacy to give away.

I would suggest that you discuss all of the facts of this case with a lawyer in your area, for a reliable and detailed explanation of your options, and the consequences.  One place to find an attorney is our website, http://attorneypages.com


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.