Legal Question in Medical Malpractice in Michigan

I'm trying to find out if I am able to file a lawsuit against a nurse. I had been on vicodin and somas for the longest time due to my backpain. Someone I knew who was a nurse asked me if i'd like some medication from the hospital to alleviate some of the pain. When the medication was given to me i found out that it was IV drugs such as morphine, dilaudid and fentanyl that he was taking from his work. Up until this time I had never once done any street drugs or stuck a needle in my arm. This went on for some time and it even got the the point where he would hook an IV up to me and I would have a bag of fentanyl hanging from a hook on the wall while it ran into my arm until the bag was empty. He would leave the IV in my arm and hook up a syringe every time he gave me more medication. He then got caught at work and was unable to get me any more drugs which left me in severe withdrawal and at that point I began looking for something as strong as these drugs to alleviate my withdrawal symptoms.and turned to street drugs. I would like to know if I have an option to file a lawsuit for malpractice and negligence.


Asked on 4/10/11, 3:52 pm

2 Answers from Attorneys

William Stern William Stern, P.C.

If you are in Michigan or a state that has the same rules as us, you will be unable to succeed in a lawsuit due to the wrongful conduct rule. This rule means that if you are participating in illegal conduct, you cannot complain about another person who was involved with you in participating in the illegal conduct. There is no possibility of succeeding in this case.

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Answered on 4/10/11, 5:22 pm
Jules Fiani Law Offices of Jules N. Fiani

You should call me to discuss this as soon as possible. After successfulling helping 100's of people from LawGuru.com, people and myself find it most useful to discuss over the phone.

810-227-7200

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Answered on 4/11/11, 6:15 am


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