Who Could Be Held Liable for Opioid Addiction and Injuries?

There has been a lot of news lately surrounding individuals that become addicted to opioids and then filed a lawsuit or personal injury claim against a negligent party. These claims, while complex, are often successful and could provide victims with compensation for their medical expenses, lost income, rehabilitation costs, and more.

One of the most complicated aspects of these claims is to determine who is liable for the damages suffered. In opioid cases, the liable party is generally the doctor that prescribed the opioids, or the pharmaceutical company that manufactured them. Each of these parties are protected by insurance companies and teams of lawyers that are difficult to go up against. A personal injury attorney could help victims of addiction with their case and help them claim the damages they deserve.

When Doctors are Liable for Opioid Addictions

Doctors owe patients a certain standard of care. This does not mean that every case or treatment plan will be successful. It only means that a doctor is required to provide every patient they treat with the same standard of care outlined by the industry. When doctors fail to deliver this standard of care, they could be held liable in a medical malpractice claim.

To show that a treating medical professional is liable, patients must establish that a medical professional was somehow negligent. A doctor could be negligent when they fail to prescribe the right drug, prescribed an incorrect dosage of a drug, or failed to recognize when a patient became addicted to a drug.

For example, if a patient had shown signs of addictive behavior in the past and there was another medication that could help the patient, but the doctor prescribed opioids instead, the doctor may be held liable. Or, if a doctor prescribed a very high dosage of opioids and that caused an addiction, that could also indicate the doctor was liable. Lastly, if a doctor did not identify that a patient was addicted to opioids and continued to prescribe the medication, they can also be held accountable.

When Pharmaceutical Companies are Liable for Opioid Addictions

Pharmaceutical companies have a great deal of responsibility for the drugs they manufacture. They must ensure the medication is safe for patients, and they must also warn of any risks associated with their product. When these companies fail in either of these duties, they can be held liable. However, there is another instance in which pharmaceutical companies may be held liable as well.

Our Personal Injury Lawyers Could Determine Who is Liable

It is possible to hold either doctors or manufacturers liable for an opioid addiction. However, determining who is liable is challenging and proving it is even more complex. If you or a loved one has suffered from an opioid addiction, it is important that you speak to a personal injury lawyer in California. Our firm could determine who the negligent party is, and then hold them accountable for paying the damages you deserve. Call us today.