Legal Question in Medical Malpractice in Alaska

no labeling on R X-son totalled my car-blacked out

Son was in MVA July 2000 in company vehicle insurance politic..no money lots of pain..no medical..went into severe depression Went to crisis treatment center 12/13/01 got out 2/024/01.They gave him unlabeled meds in ziplock baggie. No insurance on car.. mom was covered on any vehicle she drives. mom gave me ride to work.car in her possession. Mom gives son houses key ring to unlock no knowing car keys are on ring. Son takes car and rearends state trooper and totals my car. What can I do?


Asked on 1/06/02, 3:18 am

1 Answer from Attorneys

James Wendt Law Offices of James Alan Wendt

Re: no labeling on R X-son totalled my car-blacked out

There are at least a half dozen seperate issues in youe query but it appears you are asking about whether you could bring an action againt the crisis treatment center for providing your son (adult son?) with unlabeled meds that caused him to black out and rear end a state trooper (and perhaps caused him to take your car). I would suggest that you (or your son) obtain a copy of the police report and any medical records. The police report may indicate the cause of the collision. Medical records (and I assume since the car was totaled there are some medical records) should include a screening for controlled substances. Assuming there was present in your son's blood sufficient quantities of a perscription drug to cause him to black out and it was provided by the crisis center then your son would have a cause of action against the crisis center assuming they did provide the medication without proper instructions as to its use. Before commenting any further I would want to see the police report, the medical records, and the records from the crisis center.

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Answered on 1/07/02, 1:52 pm


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