What civil action can be brought against a doctor who was gives drugs to someone outside his practice and the person dies?

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What civil action can be brought against a doctor who was gives drugs to someone outside his practice and the person dies?

My brother had a best friend from high school whose father was a doctor. The doctor was writing prescriptions to his son, and my brother. They would have them filled and bring them back to the doctor, who would then split the drugs with them. Over the years the doctor moved into dealing heavier drugs, ie meth and heroine. One night, the doctor gave my brother an overdose of heroine, and my brother died a few hours later. Can wrongful death or civil charges be brought against the doctor by my family? If so, does the doctor’s malpractice insurance play a role in the suit since it was at his home?

Asked on June 27, 2012 under Malpractice Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written the doctor who gave your brother heroine without a prescription could very well be subject to a wrongful death action.

I suggest that you and other family members consult with a personal injury attorney who specializes in medical malpractice/wrongful death actions.

Whether or not any medical malpractice action for this physician comes into play or not depends if there was a policy in effect and what exclusions it may have.


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