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

UPDATED: Jun 27, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 27, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption