Can I sue a doctor for prescribing opiates to me without examining me?

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Can I sue a doctor for prescribing opiates to me without examining me?

I am a RN and was prescribed opiates by a doctor that I worked with. I became addicted and started diverting from work because she wouldn’t prescribe to me anymore. She gave me 3 scripts over a 5 month period. I am now in a treatment program for my addiction and not able to work for at lease 2 months. It has ruined my life and my liscence is at risk.

Asked on June 27, 2012 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may be able to sue her for malpractice. Malpractice, as you know, is the provision of medical care which does not meet then-currently accepted standards for medical care. Opiates are a powerful, dangerous, and controlled substance; it is very  likely that prescribing them for a patient without examining him or her would constitute a deviation from accepted standards of care, and thus constitute malpractice. From what you write, it would be worthwhile for you to meet with an malpractice attorney to explore your possible recourse in greater detail. Good luck.


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