Is there a legal remedy for a doctor over-medicating a patient?

UPDATED: Jul 16, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 16, 2010Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is there a legal remedy for a doctor over-medicating a patient?

Can my family sue a doctor in CA who has been over medicating my 37 year-old sister? She has become addicted and he just keeps giving her more.  If the family can not sue, does she have a claim?

Asked on July 16, 2010 under Malpractice Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) If you sister is legally competent, then only she can initiate a lawsuit on her own behalf.

2) If you have guardianship over your sister, you may sue on her behalf. If you believe she is not competent to manage her own affairs, she may wish to consult with an attorney about whether you could obtain power and authority to take care of her. I believe a family law attorney would either be the one to help with this, or could direct you to an appropriate lawyer.

3) If the doctor has violated accepted medical standards in his treatment, he could be sued for medical malpractice for any resulting medical expenses (such as to detox or treat your sister), other out of pocket losses, and possibly also pain and suffering. You should consult with a medical malpractice attorney about the situation to get a sense for the potential recovery. Good luck.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption