QUESTION
Do I have a good lawsuit if my girlfriend died of fentanyl poisoning after being prescribed medication? How?
Asked on Aug 06th, 2015 on Personal Injury - Utah
More details to this question:
My girlfriend died of fentanyl poisoning last year. Do I have a lawsuit? The doctor that gave her the medication was just arrested.
13 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No. The law does not recognize non-marital relationships. It would be too difficult to distinguish all the gradations: a couple who lives togehter, has children together and intend to get married as compared to a couple who dated a few times and things seemed to be going well, and then everything in-between, it would be impossible to draw the line anyplace, so the rule is, if you are married you have a derrivative cause of action, if you are not married, you don't.
Answered on Aug 07th, 2015 at 7:01 AM
Ronald A. Steinberg
You don't have a case because you weren't married. Her heirs have a case.
Answered on Aug 07th, 2015 at 4:36 AM
Edwin K. Niles
Her family certainly may have a claim for wrongful death. I?m not sure whether you, as friend, would have a claim.
Answered on Aug 06th, 2015 at 8:03 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Yes there may be a valuable claim. If there are children out of the relationship, they can sue or the girlfriend's parents can sue since they are the heirs. Under the Probate Code only a surviving spouse , child, parent or sibling can bring a legal action.
Answered on Aug 06th, 2015 at 7:57 PM
You need to speak to an attorney who handles medical malpractice cases as they will have better knowledge as whether there is a clear connection and the Dr. was wrong in prescribing it. ?Tell him of the arrest so he/she can see if it is related.
Answered on Aug 06th, 2015 at 5:17 PM
James Eugene Hasser
The estate would have the potential claim and any recoveries would go to the heirs at law. You may want to consult a lawyer to see if you would qualify as a common law husband.
Answered on Aug 06th, 2015 at 5:01 PM
1 Award
If this happened in Wisconsin, you have no case because you were not married to your girlfriend. Only a spouse would be entitled to bring a lawsuit for loss of society and companionship of your girlfriend.
Answered on Aug 06th, 2015 at 4:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should counsel with an attorney, but given the fact that you were not married to her you may have some difficult hurdles to get over in order to prove that you have a sufficient standing to be able to claim damages.
Answered on Aug 06th, 2015 at 4:24 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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As the boyfriend, you don't have a case. Her children or siblings and parents could make a claim. What was your involvement in the fentanyl patches?
Answered on Aug 06th, 2015 at 4:08 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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There is a lawsuit hidden in these facts, but I'm not sure you have standing to sue for wrongful death. (Wrongful death actions are a creature of statute, not common law, and the generally limits who can be a plaintiffspouse, parent, child.) There may be ways around this issue, but you should really consult a capable personal injury lawyer. I'm sorry for your loss.
Answered on Aug 06th, 2015 at 4:08 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Do you know what the doctor was arrested for? Would you be the one that would be hiring an attorney for your girlfriend's case, or is your girlfriend's family going to get involved in the situation? Thank you for your email.
Answered on Aug 06th, 2015 at 4:07 PM
According to a May, 2015 article, Pharmacies and doctors who negligently prescribed pain medication can be sued for enabling people?s addictions, the West Virginia Supreme Court ruled. The ruling involved 29 people who were patients of Mingo County?s Mountain Medical Center. Most sought treatment for job-related injuries or injuries stemming from car accidents. They alleged they were prescribed controlled substances and became addicted because of criminal abuse of prescriptions.
Answered on Aug 06th, 2015 at 4:06 PM
Lisa Hurtado McDonnell
No, but her immediate family has.
Answered on Aug 06th, 2015 at 4:01 PM