When you check yourself into an emergency room while experiencing great amounts of physical pain and mental anguish, you may be desperate for a resolution that will alleviate these feelings. You may be quick to accept the medications that the treating medical professional prescribes, especially since you may desperately place blind faith in their judgment. Unfortunately, however, if the doctor overprescribes medications, you can suffer serious harm like addiction, organ damage, drug interactions, and other complications. Medical professionals in New York, including New York City, are expected to prescribe medication in accordance with accepted medical and safety standards. With that being said, please follow along to find out whether you can sue a doctor for an overprescription of drugs and how a proficient New York City medication error attorney at Mark L. Bodner, P.C. can help end your suffering once and for all.
What Constitutes an Overprescription of Drugs in New York?
By definition, an overprescription happens when a doctor prescribes more medication than is necessary for a patient’s condition or when they prescribe medication that is not needed at all for a patient’s condition.
Overprescription may occur because a doctor is overworked and feels forced to prescribe medication as a quick resolution; a doctor is subconsciously influenced by a pharmaceutical company’s advertising of certain prescription medications; a doctor is behind on learning the newer, safer, and more effective medications on the market and reverts to prescribing older, familiar ones. Regardless of the reason, however, prescribing unnecessary or excessive medication can lead to serious harm for the patient.
Common Examples of Drug Overprescription
- Prescribing medication against accepted CDC pain management guidance
- Ordering medication without first examining the patient’s allergies or current medications
- Failing to adjust the dosage based on the age, weight, liver function, and mental health of the patient
- Continuing the prescription when clear signs of addiction are present
- Issuing dosages that are high enough to create the risk of overdose
How Do NYC Doctors Determine a Safe Medication Dosage?
Doctors are typically expected to prescribe the lowest effective dose of a medication. However, they must also consider the patient’s medical history and current condition. As such, doctors are expected to consider if the treatment is appropriate, safe, and necessary based on several important factors.
Factors Doctors Should Consider Before Prescribing Medication
- The potency and side effects of the medication
- The patient’s:
- Kidney function
- Liver function
- Height and weight
- Existing medications
- Substance abuse history
- If safe alternative treatments exist
- Potential interactions with other medications
- The appropriate duration of the medication
- Adequate monitoring once the prescription is filled
Medications Commonly Associated with Overprescription Claims
- Opioids
- Morphine
- Oxycodone
- Hydrocodone
- Benzodiazepines
- Xanax
- Valium
- Ativan
- ADHD stimulants, like Adderall and Ritalin
- Sleep medications
- Antidepressants
- Blood thinners
Can I Sue My Doctor for Overprescribing Drugs to Me?
In short, you may be eligible to sue a New York City doctor for overprescribing drugs to you if you believe that negligence existed in their doing so. However, in order for a medical malpractice claim to be successful, you must prove a number of important legal elements.
You Must Prove a Doctor-Patient Relationship Existed
- The doctor was responsible for your medical care
- The physician owed you a professional duty of care
- The doctor was supposed to provide treatment in accordance with accepted New York medical standards and practices
You Must Prove the Doctor Breached the Standard of Care
You must show that the doctor prescribed:
- An unhealthy amount of medication
- Medication, despite the clear risk of addiction
- Medication that created dangerous interactions
- A medically unnecessary medication
You Must Prove the Overprescription Directly Caused Harm
- Organ damage
- Heightened side effects
- Respiratory distress
- Drug tolerance
- Mental health complications
- Overdose injuries
- Worsening of your original condition
You Must Prove You Suffered Financial or Personal Damages
- Inflated medical bills
- Prolonged lost wages
- Diminished quality of life
- Heightened physical pain and mental anguish
- Rehabilitation costs
- Reduced earning capacity
- Lost wages
- Emotional distress
What Happens if a Doctor Prescribes an Overdose of Medication?
Even when a patient follows the instructions of a medical provider, they may still suffer from the impacts of a medication overdose if the dosage prescribed by the provider is unsafe. This can result in severe complications, if not permanent injuries.
Symptoms and Complications of Prescription Drug Overdoses
- Organ damage
- Heart complications
- Seizures
- Comas
- Psychological trauma
- Addiction
- Respiratory failure
- Brain injuries
- Fatality
When Does Overprescribing Medication Become Medical Malpractice in New York City?
It’s important to understand that not all prescription mistakes or errors automatically constitute medical malpractice in accordance with New York law. However, the overprescription of medication can constitute negligence if the doctor fails to act in accordance with accepted medical standards, and a patient suffers harm as a direct result of this failure. As such, providers must consider a number of factors before prescribing a medication.
It’s important to understand that these claims are generally evaluated based on whether or not any other competent medical professional would make the same decisions in similar circumstances. As such, the court and medical experts will consider if the patient was appropriately assessed, if safe alternatives were considered, and if the patient was warned about the risks.
Can Overprescribing Medication Qualify as Medical Malpractice?
Yes, overprescriptions can constitute medical malpractice when a doctor’s decisions and actions fall below the accepted medical standards, directly resulting in harm, addiction, overdose injuries, or other complications.
Situations That May Indicate Medical Negligence
- Writing prescriptions for dangerously high dosages
- Ignoring known drug interaction risks
- Failing to review and consider a patient’s medical history
- Continuing to write prescriptions for patients showing clear signs of addiction and dependency
- Prescribing unnecessary medication when safer alternatives are available
Contact an Experienced New York City Medical Malpractice Firm
Before you take any further initiative with your medical malpractice claim, we urge you to consult a talented New York City hospital negligence attorney. Most definitely, the team at Mark L. Bodner, P.C. is eager to work with you. Contact us today to learn how we can represent you.