Legal Question in Medical Malpractice in Florida

Drug Addiction and Severe Withdrawal Caused by Pain Clinic

Is it legal for a pain management clinic to get a person addicted to OXYCONTIN, and then shut them off the drug (cold turkey) knowing the severe withdrawal symptoms? From my understanding,this particular drug requires a decreased dosage over a period of several weeks, under the care of a physician, otherwise it is dangerous to the persons physical and mental health.


Asked on 6/06/01, 1:34 am

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Drug Addiction and Severe Withdrawal Caused by Pain Clinic

I am not a medical doctor, so I cannot give you an opinion as to whether the medical decision undertaken by the clinic is appropriate. However, if the allegedly addicted patient suffered harm, and if a physician, after reviewing the facts involved, determined that the clinic's negligence caused that harm, then a medical malpractice claim may exist. Depending on the nature of the harm (whether it is associated with a permanent injury and sufficient damages to warrant the filing and prosecution of a medical malpractice action), and the clinic's responsibility in connection with that harm, you may find a qualified plaintiff's attorney to take on the case, but only if it makes financial sense to do so. Seek the advice of counsel and good luck.

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Answered on 6/29/01, 7:13 pm


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