The following blog is provided as an example of a Kaiser medical malpractice lawsuit to aid potential clients in how a lawsuit is examined and conduced. It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
On November 10, 2009, in prescribing the Oxycodone slow release “twice daily” as needed for pain, Dr. Devlin violated the standard of care established by the Black Box Warning. In the alternative, she violated the Family Practice standard of care in failing to give her patient unambiguous instructions as to the correct way to take the Oxycodone. The violations of the standard of care were a substantial factor in causing decedent’ death.
The defense contended that Dr. Devlin did not violate the standard of care for Family Practitioners in continuing to prescribe high levels of narcotic pain medication for decedent when she could not attend the Kaiser Management Program. There is no standard of care for prescribing opioid medications for chronic pain. The Family Practitioner is obligated to continue to prescribe narcotics to control the patient’s pain and is not obligated to taper the patient from narcotics. The patient can be prescribed unlimited amounts as tolerated.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Dr. Devlin did not violate the standard of care for a Family Practitioner in prescribing the Oxycontin/Oxycodone SR “twice daily as needed for pain.” The Black Box Warning does not establish the standard of care for Family Practitioners prescribing Oxycontin/Oxycodone SR. Even though the prescription and label may have read “twice daily as needed for pain,” a written instruction sheet given to the patient indicated it should be taken every 12 hours. Dr. Devlin should not be held to the standard of care of a Pain Management Specialist.
SUMMARY:
Verdict/Judgment: Arbitration
Verdict/Judgment Amount: $874,965
The arbitrator awarded $624,965 for future wage loss and $250,000 for pain and suffering.
Trial Type: Arbitration
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.