Legal Question in Medical Malpractice in Nevada
Mom loaded on Rx, dies. What do I do?
My 42yr old mother had history of cluster headaches. She had been seeing a particular doctor for this for years. At first, I believe he did try to find the cause, but he ended up overbooked and for years, just gave mother whatever Rx she asked for.. xanax, fioriset, liquid morphine, demoral, oxifast, vicodin you name it. She was also on the maximum legal dose of at least one of the above. Basically just covering up her pain rather than finding cause and treating her accordingly.
the primary cause of her death is listed as an accident and was due to Butalbital(sp?) & Methadone intoxication. Secondary cause was drowning. My sister and i truly believe her doctor is partly to blame, and needs to be ''woken up'' before this happens again. Oh, she died in 2001, so we have not waited long.
Any advice would be greatly appreciated.
2 Answers from Attorneys
Re: Mom loaded on Rx, dies. What do I do?
I am sorry to hear of your loss. It is a most difficult case, however, the matter should be investigated. It may be somewhat expensive to determine whether or not the prescribed medication had interaction risks. Please call me directly at (619) 222-3504.
Re: Mom loaded on Rx, dies. What do I do?
The doctor cannot be held responsible for your mother taking more medication than prescribed which seems to have happened. Even if you find a
medical expert that will testify that the doctor overprescribed medication it was your mother who actually took more than prescribed. I receive many calls from family members who want to sue the doctor because a family member overdosed on prescription drugs, and I have to tell them the same thing. A doctor cannot be held responsible when a patient take's more than the prescribed dose. Now, the doctor may or may not have done everything possible to diagnose your mother's problems. However, headaches are the most common ailment and the hardest to diagnose no matter how many tests are done. I am sorry for your loss, but no one is really responsible for your mother's death. She is not even fully responsible since the pain she had to live in was probably very great and the only way she could get rid of them was with very strong medication. At least she was able to find a doctor willing to prescribed this medication so at least she did not have to live her life in pain.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
