How to Sue a Doctor Over Oxycodone Addiction

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Sue your doctor for damages if he was negligent in prescribing you oxycodone.
Sue your doctor for damages if he was negligent in prescribing you oxycodone. (Image: Jupiterimages/Comstock/Getty Images)

Oxycodone is a narcotic analgesic that relieves moderate to severe pain. It is also addictive. First created in 1916, oxycodone is frequently combined with other, more moderate painkillers such as Tylenol. If your doctor has contributed to your oxycodone addiction, take him to court for medical malpractice. You may be able to replace income you’ve lost due to your addiction or be compensation for your pain and suffering. Do not sue unless your doctor was irresponsible or negligent in prescribing you oxycodone.

Contact a lawyer. Medical malpractice cases aren't often settled out of court and you're not likely to win if you represent yourself. Experienced malpractice lawyers may offer to work for you on a contingency basis, if they believe your case has merit, so you won't have to pay money up front.

Document the way in which your oxycodone addiction negatively impacted your life. If you lost your job, for example, you might demonstrate lost income or problems with debtors.

Show how the doctor was negligent. Your lawyer should be able to help you come up with a way to prove the negligence of your doctor, if it existed. You will have to consult with other medical professionals, such as psychiatrists and medical doctors, to get the medical impact of your addiction documented.

Contact the state medical board that licenses your doctor. Request information on any settled or pending malpractice claims. Showing a pattern of negligence, especially if there are any other cases regarding oxycodone addiction, can help your case.

Ask your lawyer to file the petition against your doctor. Attend the hearing and give evidence as the plaintiff. Remember that the burden of proof is on you in malpractice cases. Be prepared to answer questions about how your doctor performed at a level below what you would expect of another medical professional.

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