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Is Overprescribing a Form of Malpractice?

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Is Overprescribing a Form of Malpractice

Prescription medications can be some of the most powerful forms of treatment available for some of the nastiest conditions. However, while these drugs can be extremely effective, they can also be incredibly dangerous if taken in too high of a dose or for too long. The risk can also increase when the patient is already taking other medications — mixing drugs can lead to serious complications and adverse side effects that wouldn’t occur without that specific cocktail of drugs in the bloodstream.

Overprescription can lead to a wide range of complications that can dramatically vary depending on the dosage, specific medication, preexisting conditions, and more. Some of the most severe and common effects that can occur from overprescribing medication include:

  • Increased risk of side effects
  • Organ damage
  • Resistance to antibiotics
  • Increased drug tolerance, requiring higher dosages to achieve similar results as before
  • Weakened immune system
  • Mental health issues
  • Addiction and dependency on specific types of medication

Some of these effects may only lead to minor impacts on the quality of a patient’s life, but those seemingly minor symptoms could also be warning signs of serious problems on the horizon or even masking more serious issues already present.

When Can I Sue a Doctor for Overprescribing Medication?

Like with any medical malpractice case, there are a few key elements that need to be proven in an overprescribing medication lawsuit. The critical points that need to be established include:

  • There was a duty of care. The medical professional you are taking legal action against must have an established duty to provide care for the victim.
  • That duty of care was breached. You need to be able to clearly demonstrate that the medical professional failed to meet the necessary standard of care or took actions that violated it.
  • You suffered as a result of your medical care. Proving that the medical care you received directly contributed to the harm you suffered is the next key step in any medical malpractice case.
  • The breach of care was directly responsible for your injuries. Finally, you need to be able to prove that the medical professional’s breach of their duty of care was the direct cause of the injuries or harm you suffered.

Medical malpractice cases are among the most difficult to litigate, in large part due to the legal protections doctors and medical professionals are afforded. Lawsuits are commonplace in the medical field — according to the American Medical Association (AMA), more than 31% of all doctors reported that they have previously been sued, but nearly 90% of all lawsuits that go to trial and are decided by a verdict end up going in favor of the doctor. On top of that, approximately 66% of all medical malpractice lawsuits are dropped, dismissed, or withdrawn without finding fault.

Taking legal action against a medical professional is no simple task, so it’s important that you work with a law firm experienced and knowledgeable in this venture. At McCoy & Hiestand, PLC, our Louisville medication error attorneys are well-versed in handling these types of cases. Throughout our firm’s history, we have the kind of track record you can count on in your time of need.

If you or someone you love was seriously injured because of a medical professional’s negligent or dangerous actions, you deserve the chance to fight for your rights in a legal setting. At McCoy & Hiestand, PLC, our Louisville medical malpractice lawyers are ready and waiting to provide you with the dedicated and experienced representation you need to secure the maximum compensation possible. Contact us today to schedule a free consultation with a member of our firm.

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