Is there any action that can be taken against a doctor for addicting someone to drugs?
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Is there any action that can be taken against a doctor for addicting someone to drugs?
Asked on July 17, 2014 under Malpractice Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
IF the doctor was negligent or careless in some way--did not perform a thorough examination (or any examination) before prescribing the drugs; prescibed too many, or for too long, or too strong a dose, considering current medical standards for use of that drug; did not monitor the patient's use of the drugs and/or kept refiling prescriptions; etc.--then the doctor may be liable and could be sued (such as for the cost of rehabilitation; possibly for pain and suffering; maybe for lost wages if a job were lost due to the addiction). But if the doctor did what any normal reasonable doctor would, and it was not therefore the doctor's fault that the patient became addicted, there would be no liability; liability in cases like this depends on fault, or the doctor having done something wrong.
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