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Methadone Death

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robby792811

Junior Member
What is the name of your state? Illinois

A friend of mine lost her husband a little over a year ago. He had an autopsy and the cause of death was Methadone. He had been taking Methadone to relieve an addiction to vicodin. My friend doesn't know if she has a case for malpractice. I told her her husband died from taking a prescription drug! I did a little research and 20/20 had something about methadone saying one dose can kill. If this is right, can she also sue the pharmaceudical company?

What I want to know is, does she have a case against the doctor or pharmaceudical company or both? And if so, how much should she sue for? She is at a loss of income now. She has 2 kids, but both are over 18. And also, how does she go about doing this? Should she just call a lawyer?

Thank you in advance for any help!

Robert
 


lealea1005

Senior Member
What is the name of your state? Illinois

A friend of mine lost her husband a little over a year ago. He had an autopsy and the cause of death was Methadone. He had been taking Methadone to relieve an addiction to vicodin. My friend doesn't know if she has a case for malpractice. I told her her husband died from taking a prescription drug! I did a little research and 20/20 had something about methadone saying one dose can kill. If this is right, can she also sue the pharmaceudical company?

What I want to know is, does she have a case against the doctor or pharmaceudical company or both? And if so, how much should she sue for? She is at a loss of income now. She has 2 kids, but both are over 18. And also, how does she go about doing this? Should she just call a lawyer?

Thank you in advance for any help!

Robert
I'm sorry for your friend's loss.

Methadone is prescribed and monitored very carfeully by a Physician. Did he die because he took more than the prescribed amount of Methadone? Was he taking other medication or drinking alcohol while taking the Methadone?

Your friend would have to prove malicious and gross negligence on the prescriber's part to win a lawsuit. Also, why do you think she can sue the pharmaceutical company?
 
Last edited:

barry1817

Senior Member
methadone

What is the name of your state? Illinois

A friend of mine lost her husband a little over a year ago. He had an autopsy and the cause of death was Methadone. He had been taking Methadone to relieve an addiction to vicodin. My friend doesn't know if she has a case for malpractice. I told her her husband died from taking a prescription drug! I did a little research and 20/20 had something about methadone saying one dose can kill. If this is right, can she also sue the pharmaceudical company?

What I want to know is, does she have a case against the doctor or pharmaceudical company or both? And if so, how much should she sue for? She is at a loss of income now. She has 2 kids, but both are over 18. And also, how does she go about doing this? Should she just call a lawyer?

Thank you in advance for any help!

Robert
Malpractice lawsuits need to show:

Doctor was negligent,
Negligence caused the problem
There is a financial component to the claim.

So the question is what did the doctor do that was negligent if anything?

But prescribing proper dosages and having a terrible result is not grounds for legal action.

As to suing the drug manufacturer, that reminds me of the drunk who stopped at a self serve gas station, and was later in an accident and sued the self serve gas station for allowing him to get gas. Sometimes bad things happen and there isn't blame.

[email protected]
 

lealea1005

Senior Member
Malpractice lawsuits need to show:
As to suing the drug manufacturer, that reminds me of the drunk who stopped at a self serve gas station, and was later in an accident and sued the self serve gas station for allowing him to get gas. Sometimes bad things happen and there isn't blame.

[email protected]
Couldn't have said it better myself! :)
 

ecmst12

Senior Member
If the doctor prescribed too much and death was the result of that, then *maybe* malpractice would apply.

If the doctor prescribed the proper amount and the patient took it as directed and death resulted anyway, that's an accident not malpractice.
If the doctor prescribed properly and the patient took too much on his own (overdosed himself) and death was the result, that is not malpractice OR an accident but a patient overdose.

If the doctor prescribed properly, the patient took it properly, but there was something wrong with the batch of medication he received and death was the result of that, then (and only then) could the pharmaceutical company *possibly* be held liable.
 

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