You may have not heard the term “opioid” until a few years ago. Today, everyone is talking about it, as well as the drug itself. The rise in opioid addiction is so severe that the White House has recognized it as a national epidemic. Drug overdoses are now the leading cause of death among Americans, more than car accidents or firearm-related injuries.
There are a number of forms of opioid, including the illegal form heroin, one of the more common forms of abused drugs is a from a doctor’s prescription.
What Is An Opioid?
Derived from opium, it’s a class of drugs that binds to a specific set of receptors in the body that control and dull pain. They are particularly useful for pain management in patients who have experienced car accidents and other physical traumas. Opioids also bind to the areas of the brain that control emotions and increases levels of dopamine, a “feel-good” brain chemical. Doctors prescribe them to patients who have a higher level of pain.But a person’s reliance on opioids can begin after just five days of usage. The body can quickly become acclimated and tolerant to the drug, requiring more of it to sustain the effect, leading to addiction in some patients. If a patient is refused a prescription refill, either by a pharmacist, physician, or someone else, they begin to experience withdrawal symptoms as well as increased pain. Many will seek a replacement elsewhere, including illegally, or engage in a practice called “doctor-shopping” to get additional prescriptions from other physicians.Opioids come in many forms, legal and illegal, including:
- Morphine
- Hydrocodone (brand name Vicodin)
- Oxycodone (brand name Percocet and OxyContin)
- Methodone
- Heroin
- Fentanyl (a synthetic opioid developed as anesthesia for surgery)
In 2016, The Centers For Disease Control And Prevention (CDC) issued guidelines for doctors who prescribe opioids to patients in the US, suggesting the limit of 100mg per day. Despite the recommendations, opioid over-prescription and abuse persists.
Prescribing Physicians
Deaths involving prescription opioids in the US went from 3,442 in 1999 to 17,029 in 2017.Many doctors are now conscious of what they prescribe patient, with some afraid to prescribe them at all for fear of litigation and sanctioning. But when a physician continues to prescribe them without monitoring the patient, it can lead to opioid addiction that can destroy lives, families, and ultimately, lead to the death of a patient.In the case of Brian Koon of St. Louis, his physician prescribed increasingly higher amounts of opioids from 2008 through 2012. The repeated prescriptions totaled approximately 37,000 pills, far above the CDC’s recommendation. He ended up in rehab, and his wife filed for divorce. Mr. Koon was awarded $1.4M, and his wife was awarded $1.2M, as well as $15M in punitive damages against the physician and his employer.
As Opoid Addiction Medical Malpractice
A physician’s negligence to monitor a patient, or just simply over-prescribing an opioid medication, may be considered “medical malpractice.”But to determine if a physician’s actions are medical malpractice, an attorney will consult with a medical expert witness to review your medical records to determine if your care was inadequate. Medical history (including any previous addictions), diagnoses, the doctor’s findings, your symptoms, the physician’s experience in treating your condition, and current standards of care are taken into consideration.For long-term pain treatment, many general practitioners refer patients to a pain management specialist who will work with a patient without the use of opioids. They can also help with breaking opioid addictions.Unfortunately, too many doctors develop the habit of just prescribing more and more without considering the patient’s needs or whether the prescription is harmful. A medical expert witness may be called to render an opinion on whether the prescribing physician’s failure to refer the patient to a specialist and continue to prescribe increased doses of opioids constitutes negligence.As with any medical malpractice case, before you file your lawsuit, Missouri Revised Statutes section 538.225 requires that you file an affidavit from a legally qualified provider attesting to your provider’s negligence in care and that the negligence caused your injuries (in this case, addiction.) The affidavit must be filed within 90 days of the date of your lawsuit.
Medical Malpractice Experience in Kansas City, MO
The opioid crisis has left harm in its wake all over Kansas City. If you’ve been a victim of an opioid addiction after an accident, our attorneys understand medical malpractice and are ready to help. Call The Popham Law Firm at (844) 243-2288 for a free consultation.
