What legal recourse might my family have if my dad was given a high dose of methadone in preparation for surgery by mistake?

UPDATED: Sep 29, 2014

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: Sep 29, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What legal recourse might my family have if my dad was given a high dose of methadone in preparation for surgery by mistake?

This med was intended for another patient. My dad fell into a drug-induced stupor, was intubated and sent to ICU. The surgery was cancelled. The hospital repeatedly apologized and it was noted in the ICU that he was suffering with a “methodone OD”. He is recovering slowly.

Asked on September 29, 2014 under Malpractice Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When a medical care provider (e.g. a hospital) is careless and injures a patient, they may have committed malpractice. If so, they may be liable for all the patient's additional medical costs caused by the error (such as the ICU and intubation), for lost wages, if any, for out of pocket expenses, if any (such as if family had to rent a motel/hotel room to stay close), and possibly for "pain and suffering" if there is long lasting or significant impairment, disability, etc. If the care provider does not voluntarily offer an acceptable settlement or payment, you could sue them--a malpractice lawsuit. You should speak with a medical malpractice attorney about the case, to evaluate its strength, what it might be worth, and the best way to pursue it.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption