wrongful death by overprescribing narcotics?

Question

I'm looking for an answer as to if I have a wrongful death case against a pharmacy that filled a prescription for narcotics for my husband in 2005. On Feb. 9, 2005 my husband's doc prescribed 50 Valium (10 mg) and 100 Oxycodone for Chronic Pain. The Valium was to last 10 days (an unually high dose according to the pharmacist). On Feb. 15, 2005, my husband called in for a refill. This was 4 days too early, but the doctor faxed in a refill for 150 Valium (10 mg)..the pharmacy filled it!! Why WHY?? First of all, the doc overprescribed to a man who had attempted suicide twice within a year (once in April of 2005 by a Valium overdose and once on Jan. 29, 2005 by slashing his wrists). I feel the doc should have never prescribed these meds so soon after a suicide attempt. It reeks of malpractice, but I've spoken to lawyers who turned me down. PLEASE HELP ME. I am disabled and now a widow. It's not fair and I seek JUSTICE for my husband. Thank you, Jana

Answer 1

~If you seek justice, go to a lawyer, not YaHoo Answers. What are you thinking. Duh.

Answer 2

I too am sorry for your loss. Like others have said all the details aren't in the story so it is hard to pin the blame on someone. However, from what you did say I want to know what that doctor was thinking when he/she made out that prescription. That does seem like an awful lot of Valium to take each day so the pharmacist should have second guessed it, but ultimatly it was the doctor who prescribed it and who also approved the refill. The pharmacy would not have known anything about the previous suicide attempt. Those are all things that the doctor should have known about, whether or not he/she did know I don't know that. Many insurances will allow refills a few days early. However, if the original prescription was submitted through insurance for that quantity of 50 as a 10 day supply I am surprised that they didn't question that either. Many insurance companies have restrictions on the dosage/day, especially controlled substances such as Valium. If everything is really as you say it is I am surprised that lawyers wouldn't take you up on your case. Good luck!

Answer 3

Valium is a tranquilizer that is too quickly given to a lot of people, but is not correction only a dulling of the senses and nerves. It is might be a quick thing to have given him to help him relax and not be do depressed. It is not a long-term solution, but at least he should have been less depressed.

Valium is a quick fix solution, but not for suicide attempt, for that, he should have gotten much more aggressive help, especially since he attempt to overdose before on them.

He should have been under a the care of a psychologist so that he could get the right type of medications and care for the long-term. He needed to find out what is causing his problems and better how to deal with them in a rational way.

If the doctor was a family doctor he should not have been treating him for his problem.

If the doctor was a psychologist, then he did not use wisdom in providing him with the same medicine that he attempted an overdose before.

Doctors that push dope medicine are just looking for a quick solution and not trying to fix the cause or help the patient learn how to deal with the problem correctly.

Your lawyers do not see it as either a profitable effort or difficult to prove considering the situation.

Answer 4

I am sorry for your loss. First, let me clarify something another poster said. You absolutely CAN OD on Valium, and it can kill you, as it depresses your respiratory drive. It can depress your breathing to the point you aren't getting enough oxygen, that will then cause the heart to stop beating.

Now, as to your husband, I'm sorry to say, but it isn't malpractice on the part of the pharmacy. Their responsibility is to check with the doctor, if there's any question about refilling a prescription. Three days early, is not unusual, and the doctor gave his approval. A couple of pieces of crucial information you didn't include are, did your husband overdose on these medications? Why was your husband being prescribed these potent medications in the first place? Without knowing the answers to those questions, to much crucial information is missing, to determine if the physician was negligent or not.

I hear you, when you say you are disabled, and now a widow, but honestly, that has nothing to do with whether or not the physician did anything wrong. You probably won't like my saying this, but you need to be honest with yourself...you are seeking justice for yourself, not your husband, as he is gone. There's nothing wrong with seeking justice for yourself...IF there is anything to seek justice for. Without knowing the answers to those questions, no one here can even guess. Also, why have the attorney's turned you down. If there are grounds, one would think they would jump at the chance to represent you.

Answer 5

If you persist in seeking attorneys, you will eventually find one. That's when you will have to prove all the facts you know are true and the attorney will go for removing the doctor's license. I believe a caretaker must be aware of what the person is taking and enlist the help of a therapist to stop the overmedication by the person's doctor. I imagine the attorneys you've spoken to know you knew what he was doing and you didn't remedy the situation early on when you realized what he was doing. However, a good attorney will create a story to fit what he wants it to fit, and I personally know for a fact from my own family member that doctors are too quick to prescribe pain meds. The public is at the mercy of educated doctors who knowingly prescribe meds knowing it interacts with their other meds and that it will negate the effect of the other meds, which in turn can cause attempted suicide, or a successful suicide. There has to come a point when all doctors know a patient's suicide probability and if he/she has attempted it before, he/she will probably again if he/she has the drugs to do it with. The huge quantities should be a smoking gun for an attorney willing to take it and seek justice for your husband as well as for millions of others. Bless you and the best of luck in finding a good attorney who knows about improper drug prescribing. Ask the attorneys as you talk to them if they know about your issues, as you will find one. I will watch the news and await your story being told nationwide and doctors being made to closely monitor combining drugs or overmedicating patients.

Answer 6

I'm sorry for your loss but I don't see that your husband's doctor did anything wrong. If you felt so strongly then you should have spoken up at the time. However I would bet you would have complained had the doctor let him suffer and NOT given him pain meds. You can't have it both ways. If you were so concerned you should have taken it upon yourself to keep his meds and give them to him as you saw fit. My doctor has prescribed oxycodone and Demerol to be taken together for pain and also cyclobenzaprine but I had the good sense not to take it when I don't need it. I think you're grieving and looking for someone to blame. May God Bless you and help you to accept this and find peace. You will gain nothing by a lawsuit -just be glad he was not in pain.

Answer 7

It's difficult to know because you didn't indicate what your husband died of. Start with The American Medical Association to file a complaint on the particular physician. Go to a lawyer that specializes in malpractice litigation. With doses like that, was your husband terminal? Was in in a hospice situation? There are gaps in your story that makes the question difficult to answer. I hope you get the help you seek and I'm sorry for your loss. Have family members help you.

Answer 8

Your story is sad, but does not necessarily mean that anyone did anything wrong. The pharmacy should have computerized records, but there are loopholes that slick patients can pull.

AS for the doctor, it would depend entirely on how much the doc knew about the suicide AND why the Oxycotins were prescribed. If it was for cancer pain, there is probably nothing you can do.

Answer 9

There are already great answers given, especially the ones stating that wrongful death is a civil offense and murder is a criminal offense. I just have one thing to add: Even if someone is found not guilty of murder, they still may be sued in a civil court by a wrongful death suit. (Such is the case with O.J. Simpson.) The reason for this is that in order to get a murder conviction, you need to prove beyond a reasonable doubt that the suspect committed the crime. In a civil lawsuit, on the other hand, you only need to prove preponderance of the evidence. Also, "wrongful death" does NOT mean negligence. As in the case with O.J. Simpson, he is largely believed to have committed the crime of murder, it's not like someone was being negligent and people accidentally got stabbed to death. "Wrongful death" COULD pertain to negligence, but doesn't have to. The type of civil law that pertains to wrongful death is tort law, the law of personal injuries. The three categories of tort laws are: Intentional torts: injury that the person knew or should have known would occur through his or her actions--e.g., a person attacks & injures another (assault & battery) after a dispute. Negligent torts: injuries caused b/c a person's actions were unreasonably unsafe or careless--e.g., a traffic accident is caused by a reckless driver. Strict liability torts: a particular action causes damage prohibited by a statute--e.g., a victim is injured b/c a manufacturer made a defective product. The final and most obvious difference b/w murder and wrongful death is that murder is punishable by imprisonment whereas wrongful death (& all civil matters) are punishable by fines.

Answer 10

If you've documented proof of attempted suicide with Valium please keep looking for a lawyer. Look for a shady lawyer if neccessary. There is someone out there who'll help. Don't give up.

Answer 11

Retain an attorney that will listen to you!! If you live in a small town, go to a city!! Something`s wrong with your picture luv.