QUESTION
Could there be a lawsuit if wife passed away from using fentanyl under doctors orders?
Asked on Aug 11th, 2015 on Personal Injury - Wisconsin
More details to this question:
Could there be a lawsuit if wife passed away from using fentanyl under doctors orders? The doctor prescribed my wife with the medication and she took the correct dosage of fentanyl.
5 ANSWERS
James Eugene Hasser
There is a possibility of a suit if you can show the manufacturer did something wrong. Good luck.
Answered on Aug 12th, 2015 at 9:51 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Maybe. There are many, many factors to consider, too many to contemplate here. Try to find a law firm that has brought claims concerning this specific medication.
Answered on Aug 12th, 2015 at 8:40 AM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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My sincere sympathy on the loss of your wife. We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record. Inappropriate fentanyl use, either from too high a dosage, interaction with other medications or the patient's condition contraindicates the prescription, may be a basis for a medical malpractice claim.
Answered on Aug 12th, 2015 at 7:20 AM
Ronald A. Steinberg
Not in Michigan.
Answered on Aug 11th, 2015 at 8:06 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The mere fact of her taking fentanyl and then dying does not of itself create a cause of action against the doc or anyone else. The key question is whether the doctor's prescribing the drug was a direct, proximate, natural and foreseeable CAUSE of her death. This seems unlikely if she was taking the prescribed dosage and no more. To bring a case to court, you would need an expert's opinion, which would involve his or her reading her whole chart and reaching a professional opinion that the fentanyl was the cause. This can cost several thousand dollars. So I think you need to do a lot of looking at medical charts and reading treatises before you can proceed Also be sure to consult a med-mal or personal injury lawyer in your area to help evaluate the case. I am very sorry for your loss.
Answered on Aug 11th, 2015 at 6:33 PM