At Tittle & Perlmuter, our Cleveland painkiller overdose attorneys are compassionate, experienced advocates for victims and their families. A doctor, medical provider, or pharmacist may be liable for a prescription painkiller overdose caused by negligence. If you or your loved one overdosed on a painkiller, we are here to help. Contact us today for a free consultation with a top Ohio attorney.
Painkiller Overdose: Know the Risk
The painkiller overdose risk is very real. The National Institutes on Drug Abuse reports that more than 15,000 people in the U.S. were killed due to prescription painkiller overdoses in 2022 alone.
Many more people suffered severe medical complications for painkiller overdoses. Further, there are still tens of thousands of other people who overdose on non-prescription painkillers after developing an initial addiction to a prescription painkiller.
Understanding Liability for a Painkiller Injury or Painkiller Death Claim in Ohio
Prescription painkiller overdose claims are complex cases. The victim—or their family—may have a civil claim for compensation against one or more parties. The most common causes of action used to support a painkiller injury/painkiller death claim are as follows:
- Medical Malpractice: In Ohio, a medical malpractice claim involving a painkiller injury may arise if a healthcare provider—such as a doctor—failed to follow the proper standard of care when prescribing or managing painkillers. These are powerful drugs.
- Pharmacist Malpractice: Pharmacist malpractice occurs when a pharmacist makes errors in filling prescriptions, provides incorrect dosage instructions, or fails to warn about potential drug interactions. A pharmacy may bear liable for a pharmacist error.
- Product Liability: Product liability claims in Ohio related to painkillers focus on the drug’s manufacturer and can arise from defects in the drug’s formulation, improper labeling, or insufficient safety warnings that lead to patient injury or death. A medication manufacturer may be strictly liable for an overdose.
Recovering Compensation for a Prescription Drug Overdose
Recovering compensation for a prescription drug overdose involves proving that negligence occurred—such as improper prescribing practices or pharmacy errors. Victims and their families may be entitled to damages for medical expenses, lost wages, and pain and suffering. Unfortunately, defendants and insurers make it hard for victims and families to get justice. Our Cleveland Ohio painkiller overdose lawyer fights tirelessly to help our clients secure the maximum compensation.
Please note: there is a cap on medical malpractice damages in Ohio. While economic damages are not subject to statutory caps, there are limits on non-economic damages.
How Our Cleveland Painkiller Overdose Lawyers Can Help
Painkillers—especially opioids and opioid-derivatives—are extremely dangerous. The overdose potential is real and must be taken seriously by medical professionals. At Tittle & Perlmuter, we help victims and families get justice. Our client testimonials and case results tell the story. We are proactive. Along with other things, our Cleveland medical malpractice lawyers will:
- Conduct a free, comprehensive review of your painkiller overdose claim
- Investigate the matter—gathering the evidence to prove medical negligence
- Take aggressive action to help you and your family fight for justice
Painkiller Overdose Claims in Cleveland: Frequently Asked Questions (FAQs)
Do All Prescription Drug Overdoses Result in a Death?
No. While a prescription painkiller overdose can absolutely be fatal, not all prescription drug overdoses result in death. There are also many lead to non-fatal but serious health complications The outcome of an overdose will vary based on the drug, the amount, and the speed of intervention.
Who Can Be Held Liable for a Prescription Painkiller Overdose?
It depends. A claim for a prescription painkiller overdose can be brought against a wide range of different parties, including the prescribing physician, the pharmacist, and the manufacturer of the medication. Physicians may be liable if they fail to consider a patient’s medical history or prescribe an incorrect dosage. Pharmacists could be responsible for dispensing errors or failing to provide appropriate warnings. Additionally, manufacturers might be held liable if there is a defect in the drug or insufficient labeling. These are complicated cases. You need a top Cleveland attorney.
Are these Medical Malpractice Claims, Product Liability Claims, or Personal Injury Claims?
It could technically be any of the three. Indeed, cases involving prescription painkiller overdoses can be classified as medical malpractice, product liability, or personal injury claims. It will depend on the specific nature of the case. If the overdose results from a healthcare provider’s negligence, such as improper dosing or failure to recognize contraindications, it would likely be a medical malpractice claim. If the overdose is due to a defect in the drug itself or inadequate warnings, it would be considered a product liability claim. There may also be a negligence claim against another party. A Cleveland painkiller overdose lawyer can help you determine the best course of action.
Schedule a Free Consultation With Our Cleveland Painkiller Overdose Attorney
At Tittle & Perlmuter, our Cleveland medication error lawyer is standing by, ready to protect your rights. If you or your loved one overdosed on a painkiller, we are here to help. Reach out to us by phone or contact us online for a free review of your case. From our Cleveland office, we handle medication error malpractice claims throughout all of Northeast Ohio.