Ramey & Hailey, Attorneys at Law Rated by Super lawyers The Best Lawyers in America TAOS Injury Lawyers
Free Initial Consultation Handset 317.582.0000
August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
January 31 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
In the News: Slip-and-fall Victim Wins Right to Sue Dollar Tree
April 12 - Newsblog #29
In the News: Inspection Report Shows Vets Harmed at 52 Nursing Homes
April 19 - Newsblog #30
In the News: Sandwich Diversion Causes Fatal Two-semitrailer Crash
April 26 - Newsblog #31
In the News: Does Premises Liability Cover Goose Attacks?
May 10 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
May 17 - Newsblog #33
In the News: Barrel Blast Triggers Wrongful Death Lawsuit
May 24 - Newsblog #34
In the News: when a Product Manufacturer is Not at Fault
May 31 - Newsblog #35
In the News – College Doc’s Sexual Abuse of Students Coming to Light
June 7 - Newsblog #36
In the News – One Week, Four Motorcycle Accidents
June 14 - Newsblog #37
List of Troubled Nursing Homes Released
June 21 - Newsblog #38
In the News: Kansas No-caps Ruling Changes Personal Injury Climate
June 28 - Newsblog #39
In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
July 5 - Newsblog #40
In the News: More Indicted in Last Year’s Duck Boat Tragedy
July 17 - Newsblog #41
In the News: Richard Hailey on Litigation Team for Lawsuit Vs. Tesla
July 24 - Newsblog #42
In the News: Malpractice Lawsuit Yields Largest Award in History
August 28 - Newsblog #43
In the News: Trucks V. Passenger Cars – Score 18:116. Everybody Loses
December 4 - Newsblog #44
In the News: High School Chaplain Suspended on Allegations of Sexual Abuse

OPIOIDS – THE NEW FRONTIER OF MEDICAL MALPRACTICE

Macro of oxycodone opioid tablet bottle

It’s amazing and horrifying, and it’s time to educate lawyers, judges, and the community at large about it, says Joshua Horton of the Romano Law group in Florida. Yes, opioid abuse now surpasses gun shots and car accidents combined, Romano says. Drug abuse has become the #1 cause of death for Americans under 30 years old.

To be sure, S.Y. Tan, MD, JD writes in Clinical Neurology News, opioid deaths occur in addicts from the deliberate or accidental use of heroin. But opioids include prescription drugs such as fentanyl, oxycodone, hydrocodone, codeine, and morphine. Many deaths have resulted from the “careless, negligent, reckless, or wanton conduct of doctors”, Tan says, referring to practitioners who prescribe opioids without proper indications or in inappropriate amounts, and then fail to provide careful follow-up.  Dr. Tan is also very concerned about:

  1. treatment centers for drug and alcohol abuse that are ill-equipped and staffed
  2. unnecessary drug testing, with kickbacks and bribes paid to re-route patients back through expensive de-tox programs

The Center for Disease Control acknowledges that, since 1999, the amount of opioids sold in the United States has nearly quadrupled, yet there has not been an overall change in the amount of pain that Americans report. It’s important to explain that products derived directly from the opium poppy plant are called opiates, while chemical modifications of opiates are called opioids. Morphine, for example, is an opiate, while heroin and oxycodone are opioids.

The CDC recommended that doctors should prescribe opioids:

  • only after non-prescription painkillers and physical therapies have failed
  • in quantities not to exceed a three-day supply for short-term pain or a seven-day supply for chronic pain
  • only when improvement is significant

Physicians are required to counsel the patient or the patient’s parents about the risks of addiction and obtain written consent, unless the situation is a medical emergency.

Treatment centers for drug and alcohol abuse are part of a blossoming industry, Horton points out. While there are many good facilities, some are ill equipped and even dangerous, and there have been people injured or who died because of negligent and even potentially criminal acts. In general, there has been very poor regulation of the treatment industry, resulting in harm to people the treatment centers are supposed to be helping. Several forms of fraud are being committed, the Florida attorney points out, including:

  • facilities billing insurance companies for unnecessary drug testing
  • kickbacks and bribes paid for more patient referrals
  • encouraging relapses in order to re-route these patients back through expensive Detox programs

While the Romano Law firm is focusing on opioid abuse and fraud in the State of Florida, the attorneys at Ramey & Hailey Law are fighting for patients here in Indiana. When a physician or a treatment center undertakes the responsibility of providing treatment to an individual in need of Substance Use Disorder (SUD) treatment, a duty of care is created to provide adequate and appropriate levels of care. Failure to adhere to the appropriate standard of care is a type of negligence known as medical malpractice. Malpractice, remember, can occur as the result of a wrongful action taken, or when an appropriate action is not taken; a medical condition might be misdiagnosed, not diagnosed at all, treated improperly, or simply left untreated.

Back in 2012, the Indiana Attorney General’s Office launched the first and only statewide Prescription Drug Abuse Task Force to help fight rising abuse.  The Task Force is made up of state legislators, law enforcement, health officials, pharmacy representatives, state and local agencies and education providers. Complaints about abuse and neglect may be filed with the attorney general’s office. Unfortunately, that may not result in the victims of SUD fraud getting the financial help they need to rebuild their lives – only a medical malpractice lawsuit can accomplish that result. When relatives and friends ”see something”, and they “say something” to our attorneys, we can begin our work on behalf of their friend or family member.

It’s a sad state of affairs when personal injury and suffering happen when what opioid addicts so desperately need is help and healing.

Designed and Powered by NextClient

© 2014 - 2019 Ramey & Hailey, Attorneys at Law. All rights reserved.
Custom WebExpress™ attorney website design by NextClient.com.