Understanding Malpractice Cases for Prescription Drugs That Increase Suicide Risk

A small number of prescription medications are connected with an increased risk of suicidal behavior. A couple of prescription sedatives and opioids are examples. Doctors prescribe opioids for pain relief and sedatives for calming anxiety and helping patients sleep better. If an immediate family member attempts or commits suicide while using any of these medicines, the relatives may want to consult a medical malpractice lawyer.

Common Side Effects

These drugs have some similar side effects to one another. Men and women who use the medicine while they need to be awake may feel drowsy. This is the most common side effect. Dizziness, nausea, lethargy, and confusion affect some individuals. 

Caution

Suicidal thoughts and behavior are rare side effects, but doctors should be aware of the possibility. For this reason, physicians generally avoid prescribing these specific drugs for anyone with current or previous issues with depression or self-harm. If the mental health problem is noted anywhere in the patient's medical records or history, the doctor could be considered liable if the individual attempts suicide.

A doctor who believes this type of patient can manage a short-term course of the medicine should discuss the side effect risks. The patient then is aware of the issue and can alert others if they have new thoughts of self-harm. If this happens, the person must contact the physician and stop taking the medication. If sedative or pain relief medicine is still necessary, a different drug is can be prescribed.

Proving the Case

One main difficulty with suing the physician is proving that the medicine caused the episode. The injured person or the immediate family is classified as the plaintiff in this case, and the lawyer must prove their accusation is valid. Witnesses can be called to verify that the individual did not exhibit self-harm behavior or mention suicide in the months or even years before taking the drug. 

The lawyer also must have sufficient evidence that the doctor behaved neglectfully or carelessly. Notes in the medical documentation might confirm that the patient was advised of the risk and told to stop taking the drug if self-harm thoughts developed. The physician cannot be held liable.

In addition, malpractice cases are only valid when patients suffered harm. A person who survived a suicide attempt might have a successful case if he or she required medical care and a hospital stay afterward. 

Anyone dealing with this kind of situation may want to contact a medical malpractice lawyer for a consultation.

Share