It’s common practice for doctors to prescribe painkillers to patients in recovery from painful injuries or a surgical operation. Although painkillers are very effective at alleviating pain, it could be addicting, explains one of the most prominent medical malpractice lawyers in New York.
If you develop an addiction to painkillers prescribed by your doctor, you might be able to file a claim for medical malpractice. However, your claim’s validity might be dependent on whether you could prove that your doctor was negligent.
Determining Medical Negligence
Patients can’t possibly hold their doctors liable for every single adverse effect they experience due to their treatments. This means courts use a standard for determining whether or not a doctor is guilty of negligence.
To determine if your doctor was indeed negligent when treating you, the court will compare the behavior of your doctor with that of another doctor with a similar educational background and specialty.
Evidence to Prove Your Doctor’s Negligence
For you to prove that your doctor is guilty of medical malpractice, their negligent actions should have caused or directly contributed to your painkiller addiction.
For instance, perhaps your doctor didn’t sufficiently warn you of the addictive properties of the painkillers they prescribed you, or maybe your doctor knew that you were or are already addicted to prescription drugs and still prescribed painkillers for your condition.
When reviewing your case, your lawyer, with help from a medical expert witness would likewise consider these crucial factors:
• Your diagnosis
• Your medical history
• Your specific complaints
• The objective findings of your doctor
Medical malpractice claims are extremely challenging to analyze because of the many factors involved in proving a doctor’s negligence. With this in mind, it’s your best recourse to seek legal counsel to help you review your medical malpractice claim to determine if it has merit.