How Is Wrongful Death Liability Proven In Drug Overdose

Have a question about a personal injury matter in Illinois? We're here to help.

Prescription drug overdoses are on the rise across America. The National Institute on Drug Abuse’s Overdose Death Rates found that 70,000 people died from drug overdoses in 2017 alone. That number includes prescription drug overdoses. Also, the CDC reports that opioid overdoses caused 68% of these fatalities. If you think you lost a loved one to a drug overdose because of someone’s negligence, speak to our wrongful death lawyer in Rockford at Fisk & Monteleone today.

What Causes Drug Overdoses?

Some fatal drug overdoses occur because of a patient’s mistake. For instance, someone may take too much Vicodin or Percocet because they misread the label. Or, perhaps the patient decided to take three doses at once because she forgot to take her pills earlier. Sometimes the patient may also choose to take their own life by overdosing. There also are cases where families sue drug dealers in a civil lawsuit after the drug dealer is convicted of criminal charges.

However, fatal drug overdoses also may be because of a medical mistake. Other common reasons include improper marketing of the drug or doctor negligence. If you are in any of these situations, you may be able to file a wrongful death lawsuit in Illinois to recover damages. A Rockford wrongful death lawyer may be able to help you receive compensation for your mental anguish, financial losses, and more.

More Examples Of When A Wrongful Death Lawsuit May Be Appropriate

There are many scenarios where someone’s negligence could lead to a drug overdose. Here are several examples:

  • The physician prescribes your loved one a drug, but the dosage is lethal.
  • The pharmacist gives a patient a drug but at too high a dose. The patient takes the prescribed amount and passes away.
  • A substance abuse facility does not provide the proper treatment to a patient.
  • The physician does not fully explain a drug’s side effects and risks. As a result, the patient becomes addicted and dies from an overdose. The medical facility also could be held liable for the doctor’s mistake.
  • The pharmaceutical company improperly markets its products or hides the risk, such as it being highly addictive.

Doctors must evaluate the patient’s medical history and check their physical condition. Then, they should determine the correct drug and medication. Some doctors also write prescriptions outside their area of expertise, which can cause severe patient injuries.

It is often challenging to prove negligence in a drug overdose case. However, the wrongful death lawyers at Fisk & Monteleone will hold the responsible parties accountable.

This post is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting with an attorney.

About the Author

David Monteleone is a personal injury attorney who has been practicing law in Illinois since 1992. He received his Juris Doctor degree from the University of San Diego in 1991. With over three decades of experience, he has successfully advocated for hundreds of clients, guiding them through challenging times to achieve favorable outcomes.

Have a Legal Question or a Personal Injury Case You'd Like to Discuss with One of Our Attorneys?

We're here to help and to answer any questions you may have. Simply give us a call or fill out our contact form to schedule your free consultation.

We Can Help:

fisk-and-monteleone-icon

Answer any questions you may have about an injury accident.

fisk-and-monteleone-icon

Discuss the details of your specific case or situation.

fisk-and-monteleone-icon

Educate you about your rights and all of your options.

fisk-and-monteleone-icon

Help you make an informed decision on your best course of action.

HOW CAN WE HELP?

  • FREE CONSULTATIONS
  • ZERO FEES UNLESS WE WIN

This field is for validation purposes and should be left unchanged.