The opioid crisis continues to grow in this nation. It has gotten to such a point that President Trump has officially declared it a public health emergency. As a result, a serious legal focus on the opioid market continues to grow. Many people share common questions regarding a potential lawsuit they might have for opioid addiction. In this article, we will try and answer a few of those questions.
Many people question who is responsible for their addiction. Questions of liability arise for doctors and physicians because they owe their patients a duty of care. If a doctor prescribes an incorrect dosage, drug type or fails to notice emergent addictive tendencies they can be liable to a malpractice suit.
There are questions as to if the drug companies themselves can be sued too. This is theoretically possible but in the past courts have been reluctant to hold the companies liable, instead they place the responsibility on the individual. Given the degree of usage and the devastating effects the opioid crisis has had on our country we could likely see a break in this trend. The drugs themselves have such highly addictive properties that it makes individual responsibility a tough argument to sustain. Especially given the fact that many people do not take these drugs by choice but are prescribed by a doctor to take them.
Another way that a drug company can be liable is if they do not adequately warn the user of the side-effects of the drug. For example, if it can be proven that a company knew how addictive the drug was, and they failed to warn of this on the label.
There are also questions regarding liability in the event of a drug overdose. Tragically, this is not an uncommon occurrence and it is fatal in many instances. If the overdose is fatal, it is possible that a wrongful death claim will need to be brought in addition to a possible medical malpractice and/or product liability claim.
If you or someone you know is suffering from addiction, please get help as soon as possible. Then consider contacting an attorney so that you can get the legal help that you deserve. At Bailey & Oliver Law Firm we have years of experience litigating complex cases and representing clients who have suffered from personal injuries. With our representation, you can rest assured that we will go the extra mile to provide you the legal help you deserve. Our office is located just West of Exit 81 off I-49 at 3606 W. Southern Hills Blvd., Rogers, Arkansas. Stop by our office or give us a call at 479-202-5200.
We serve Rogers, Bentonville, Springdale, Lowell, Bella Vista, Centerton, Decatur, Highfill, Cave Springs, Gravette, Pea Ridge, Fayetteville, Huntsville, Berryville, Eureka Springs and all of Arkansas.