Our Blog

Is Medication Addiction A Form Of Medical Malpractice?

Is Medication Addiction A Form Of Medical Malpractice?

When patients are recovering from painful injuries or extensive surgeries, they are often prescribed narcotic medications as pain relievers. While these medications are effective at the tasks they were designed to perform, they are also very addictive. Whether or not addiction can give rise to medical malpractice is in question.

How Addictive?

The majority of pain medications are made from opium. This natural ingredient is found in heroine and is highly addictive. The most commonly prescribed forms of opium are Percocet, Vicodin, Dilaudid and OxyContin. Taken correctly, and when properly weened, many medications present no problem for patients. It is not unheard of, however, for patients to find themselves unable to function without their narcotic pain relief.

Medical Malpractice

In general, medical malpractice can be caused by a variety of factors, including failure to exercise a degree of caution, are on the part of the health care provider. In the case of addiction to medication, a patient or a patient’s family must prove that the doctor was negligent in prescribing or continuing to prescribe a medication.

Proving Malpratice

A patient will need to show or prove the following to have a successful claim:

  1. Medical history
  2. Diagnoses
  3. Complaints
  4. Objective medical finding
  5. Doctor’s experience
  6. How your condition should be treated

These types of cases can be very complicated. In order to make a successful claim, patients must seek the advice and representation of an attorney experienced in medical malpractice cases. Without such advice and assistance, it can be extremely difficult to prove that addiction to medication was caused by a medical professional’s negligence.

If you or a family member have become addicted to pain medication following injury or surgery, please call our offices today. A member of our experienced team will discuss the details of your case with you and advise you how to best proceed. Call us today for your free initial case evaluation. Victims of medical malpractice in South Carolina depend on us.

The contents of this Web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The lawyers of the law firm of Christmas Injury Lawyers are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.

Attorneys principally practice in Mt. Pleasant office, but we will meet you at the time and office most convenient to you. We will also come to your hospital room or home upon request.

The information given above are examples of actual cases with actual clients our law firm has handled in the past. The reviews listed on our website are endorsements and/or testimonials from actual clients. Any results our law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.

In an effort to continue serving the community while keeping everyone healthy and safe, our office is offering phone and video consultations. To schedule or learn more call (843) 884-6615 or fill out a contact form here.