Can You Sue a Prescribing Doctor for a Loved One’s Overdose in Maryland? 

Families struggling to come to grips with the death of a loved one due to an overdose in Maryland may wonder if the doctor who prescribed the medication may be legally responsible.

This blog discusses when a doctor may be liable for a patient’s overdose, as well as the challenges of proving negligence in these cases.

At The Law Offices of Peter T. Nicholl, our experienced medical malpractice lawyers in Maryland encourage you to seek legal help as soon as possible. We offer a free consultation with a qualified attorney at our firm. There are no upfront costs or fees to hire our services.

Call for a FREE case review today: 410-297-0271.

Understanding Medical Malpractice in Maryland

Medical malpractice occurs when a healthcare provider fails to meet the acceptable standards of care, and those negligent actions cause harm to a patient. In Maryland, proving medical malpractice involves demonstrating that the doctor’s actions were negligent and directly led to the injury or death.

Key elements of a medical malpractice claim include:

Duty of Care

In this situation, a duty of care exists if there was a professional doctor-patient relationship. This relationship means the doctor had a legal duty to prescribe medications safely and appropriately. Medical records can help to prove the relationship.

Breach of Duty

A breach in medical malpractice happens if the treating doctor deviates from acceptable standards of care, such as ignoring warning signs of addiction or abuse, or failing to adequately review the patient’s medical history.

Causation

The breach must have directly caused the overdose. It is not enough to “know” it happened; it is necessary to provide evidence that proves it. Proving the doctor’s negligence directly caused the overdose involves:

• Establishing that the prescribed medication caused the overdose
• No other major intervening factors were primarily responsible
• The harm was a foreseeable consequence of the negligent prescription

Damages

Your attorney must be able to prove measurable damages, such as medical expenses, loss of income , pain and suffering, or loss of life, resulted from the overdose.

Can a Prescribing Doctor Be Held Liable for an Overdose?

Yes, a prescribing doctor can be held liable for an overdose if their actions are deemed negligent. However, establishing liability requires meeting specific legal criteria. Here are some common scenarios where a doctor might be held responsible:

• Failing to Fully Review the Patent’s Medical History: If the doctor did not thoroughly review the patient’s medical history, leading to a prescription that interacted negatively with other medications.
• Dosages That Exceeded Recommended Guidelines: If the doctor prescribed a dosage of medication that was excessively high and led to an overdose.
• Failure to Monitor: If the doctor failed to monitor the patient’s response to medication, especially in cases where dosage adjustments were necessary.
• Lack of Patient Education: If the doctor did not adequately inform the patient about potential risks and proper use of the medication.

What To Do Before Filing a Lawsuit for a Prescription Overdose

Before you can file a case, you need evidence of the medical provider’s negligence. This means gathering documentation to help paint a clear picture of any negligence that may have occurred.

Gather Medical Records and Other Relevant Documentation

Gather relevant documentation that helps to support your case, including:

• Medical records of your loved one’s treatment
• Copies of hospital policies to determine if acceptable standards were followed
• Prescriptions given to your loved one
• Pharmacy records showing medications/dosages prescribed
• Records of medical costs associated with your loved one’s care

Getting a second medical opinion about your loved one’s treatment history may also be helpful. This can help family members to learn more what happened, including whether there were potential mistakes in the medical care the treating physician provided.

Seek Legal Counsel

It is essential to talk to a personal injury attorney who has experience with medical malpractice cases. A knowledgeable lawyer can assess the strength of your case, explain the legal process, and guide you through each step. They will be instrumental in navigating the complexities of the legal system and advocating on your behalf.

Statute of Limitations in Maryland

Except for rare exceptions, the statute of limitations in Maryland is three years from when you knew or should have known you were injured, or three years from the date of a wrongful death. If you plan to file a medical malpractice claim, you must act within these deadlines to preserve your right to pursue legal action.

What Kind of Challenges Will I Face When Suing a Prescribing Doctor?

Suing a doctor for a loved one’s overdose presents some significant challenges:

Proving Negligence

One of the toughest aspects is proving that the doctor acted negligently and that their actions were the direct cause of the overdose. This often involves unraveling complex medical details and presenting them in a way that clearly shows a lapse in care. Medical malpractice cases typically rely on detailed expert testimony to establish whether the doctor’s conduct fell below acceptable standards.

Understanding Medical Complexities

Medical cases can be extraordinarily complex. The way medications interact with each other and how they should be managed requires a deep understanding of medical malpractice law. It can be challenging to piece together how the doctor’s treatment decisions might have led to the overdose, especially when dealing with multiple medications and underlying health conditions.

Emotional Toll

The process of pursuing legal action while grieving the loss of a loved one is often difficult for family members. It is not just about legal procedures; it is also about coping with the emotional strain of the situation. The journey through the legal system can bring back painful memories. Making sure you have emotional support during this time can greatly benefit you and your family during the legal process.

What Are Some Potential Outcomes of a Medical Malpractice Lawsuit?

If you win a medical malpractice lawsuit, potential outcomes may include:

Economic Damages

These are verifiable financial losses that are a direct result of the injury, such as past and future medical costs, and lost income due to the injury.

Non-Economic Damages

Non-economic damages are not easily quantifiable, as there is no “price tag” on them. Examples of these losses include pain and suffering, loss of enjoyment and diminished quality of life. The amount awarded is decided by a jury.

Contact a Maryland Medical Malpractice Lawyer

Taking legal action against a prescribing doctor for medical malpractice is a complex process that requires careful consideration and experienced legal guidance.

At The Law Offices of Peter T Nicholl, we can answer your questions and determine if you may have legal options. We are deeply committed to holding at fault parties accountable for their negligent actions that cause harm to others.

Call Our Trusted Law Firm today: 410-297-0271.