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Opioid Prescription Malpractice

If you, or a loved one, struggle with opioid addiction you may be able to recover benefits, get medical care and financial compensation by having our medical injury attorneys file a personal injury lawsuit on your behalf.

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If you or a loved one is struggling with opioid addiction after being prescribed pain medication, you may have legal options. In some cases, addiction develops because a healthcare provider prescribed opioids in a way that did not meet the accepted standard of care. When that happens, a medical malpractice claim may allow you to seek compensation, medical support, and accountability.

Opioid abuse, misuse, and addiction have led to widespread harm across Delaware, Maryland, and the country. Since 1999, a significant portion of overdose deaths have involved opioids such as OxyContin or fentanyl. These medications can be effective for pain, but they also carry a well-known risk of dependency.

If your life or your family has been affected in this way, it may be worth understanding whether the prescribing decisions were appropriate. Contact Shelsby & Leoni to learn more.

Common Opioids In Opioid Addiction Claims

Opioids are medications used to treat moderate to severe pain. They can be derived from opium or created synthetically, and they vary in strength, dosage, and method of use.

Common opioids involved in addiction-related claims include:

Many patients take these medications as directed and stop without issue. Others, including people with no prior history of substance use, develop dependence. When prescriptions are reduced or stopped, some individuals turn to illicit alternatives such as heroin, which is chemically related to prescription opioids.

Who Is Liable In Opioid Addiction, Injury & Wrongful Death Claims?

Liability in opioid-related cases depends on how the harm occurred. One path is a medical malpractice claim against a healthcare provider, such as a physician, hospital, or pain clinic, that prescribed opioids inappropriately. Prescription records often provide a clear timeline, which can help establish whether the standard of care was followed.

Another path may involve claims against drug manufacturers. In mass tort litigation, plaintiffs have alleged that certain companies failed to adequately warn about the risks of addiction and overdose. Some manufacturers have agreed to substantial settlements related to these claims.

Opioid Addiction Statistics

The scope of the opioid crisis remains significant. According to the Centers for Disease Control and Prevention, more than 80,000 people in the United States died from opioid-related overdoses in 2023, with synthetic opioids such as fentanyl involved in the majority of those deaths.

Opioids are not limited to illegal substances. They continue to be prescribed in hospitals and outpatient settings, and even short-term use can carry a risk of dependence for some patients. While prescribing rates have declined in recent years, millions of opioid prescriptions are still written each year.

Because of these risks, prescribing opioids requires careful clinical judgment. Physicians are expected to evaluate a patient’s medical history, consider non-opioid alternatives, prescribe the lowest effective dose, and monitor for signs of misuse or dependency. When those safeguards are not followed, the consequences can be serious. In certain cases, that conduct may rise to the level of medical negligence.

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Each case turns on its facts. The key question is whether a party’s actions contributed to preventable harm.

Medical Negligence Attorneys Helping Victims Of Opioid Addiction

Healthcare providers have long understood that opioid medications carry a risk of dependence. Even so, some prescriptions are written at doses that are too high, for too long, or without appropriate monitoring. In other situations, warning signs (such as escalating use or adverse reactions) may not be addressed in time. When those breakdowns occur, the impact can be life-altering. Patients and families often find themselves dealing with addiction, medical complications, and financial strain all at once.

Medical malpractice claims in this area are complex. They require a careful review of prescribing decisions, patient history, and the steps taken (or not taken) by the provider. If you believe a prescribing decision contributed to opioid addiction or harm, speaking with a medical malpractice attorney can help you understand whether those actions met the required standard of care.

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