Legal Question in Medical Malpractice in Arizona

prescription abuse

A doctor is giving my mother prescriptions for pain medication he shouldn't be giving her. She is now addicted . What recourse does this doctor have for giving out pain medication when it is not needed.?


Asked on 10/07/03, 1:44 pm

1 Answer from Attorneys

Adam Studnicki Studnicki Law Firm, P.C.

Re: prescription abuse

Giving out unnecessary prescription drugs is likely negligence. Your mother may have a legal claim for her injuries. To bring and prove a legal claim, another doctor would have to examine the pertinent facts and records, and then determine whether the first doctor fell below the standard of care and, if so, what damages were caused by such conduct.

In certain circumstances, claims have been brought against pharmacists where they knew or should have known that a patient was abusing prescription drugs or for failure to give proper warnings or instructions.

There may also be recourse through the Board of Medical Examiners.

There are statutes of limitations (generally two years in Arizona) that apply to any legal claims your Mom may have. Therefore, if she wants to pursue legal action, she should talk to an attorney as soon as possible.

[This communication is informational only. It is not legal advice and does not establish an attorney-client relationship.]

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Answered on 10/07/03, 11:04 pm


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