Opioid Overprescription and Pain Management Malpractice

Opioid overprescription and pain management malpractice have become critical public health issues, with devastating consequences for patients and families across New York.  Pain management specialists are medical professionals with specialized knowledge of pain physiology, playing a vital role in treating patients suffering from chronic pain caused by injuries, surgeries, nerve damage, or metabolic conditions. However, when these specialists fail to monitor side effects, ignore addiction risks, or administer inappropriate treatment, serious malpractice can occur.

The opioid crisis has created an environment in which both the undertreatment of pain and the overprescription of opioids can expose healthcare providers to legal liability. In 2018, the Drug Enforcement Administration (DEA) charged five New York doctors with illegally distributing over 8.5 million oxycodone pills, highlighting the widespread nature of this crisis.

If you or a loved one in New York has suffered harm due to opioid overprescription or pain management malpractice, the Porter Law Group is here to fight for the justice and compensation you deserve.

Opioid Overprescription and Pain Management Malpractice Attorneys in New York

The medical malpractice lawyers at The Porter Law Group are dedicated advocates for victims of opioid overprescription and negligent pain management in New York. We understand the immense physical, emotional, and financial toll these situations take on patients and families.

Since 2010, New York has experienced a sharp rise in opioid-related problems. Synthetic opioid use increased by 587.7% between 2015 and 2021. In 2022 alone, New York recorded 25,221 suspected opioid overdose encounters, a 2.2% increase from 2021. On average, New York medical malpractice settlements total approximately $446,000, nearly double the national average of $242,000.

Our experienced attorneys will thoroughly investigate your case, identify all liable parties, and aggressively pursue the full and fair compensation you are owed. We work on a contingency fee basis, so there are no fees unless we win your case.

Call 833-PORTER9 or email info@porterlawteam.com to discuss your case in a free consultation.

What is Pain Management?

Pain management is a medical specialty focused on the evaluation, diagnosis, and treatment of painful conditions. Pain management physicians assist patients coping with persistent pain following injuries, surgeries, or medical conditions. They offer non-surgical treatments such as nerve blocks, spinal injections, and prescription medications, including opioids.

When these specialists are negligent, they may end up overprescribing painkillers—especially opioids—or administer unsafe treatments. Although opioids are effective pain relief tools, they are highly addictive and associated with serious health risks if not properly managed.

Legal Framework in New York

Statute of Limitations

New York's medical malpractice statute of limitations applies equally to pain management malpractice cases, generally requiring lawsuits to be filed within two years and six months (30 months) from the date of the alleged malpractice or the end of continuous treatment.

Certificate of Merit Requirement

All pain management malpractice lawsuits in New York must include a Certificate of Merit filed with the original complaint. This document certifies that the plaintiff's attorney consulted with a medical expert who concluded that the case has merit and that the healthcare provider deviated from acceptable medical practices.

Four Elements of Malpractice

To establish pain management malpractice, plaintiffs must prove four essential elements:

1. A professional standard of care was owed by the pain management doctor
2. This professional standard was breached
3. The breach directly caused injuries
4. The patient suffered measurable damages

About Opioid Overprescription

Opioids are powerful narcotic painkillers that carry a high risk of addiction, overdose, and even death. Common examples include oxycodone, morphine, and fentanyl. In the late 1990s, pharmaceutical companies misrepresented the safety of opioids, leading to an epidemic of overprescription.

Medical malpractice data shows:

• 35% of opioid-related claims stem from prescription errors
• 31% result from medication administration mistakes
• 31% involve improper patient monitoring or management
  

The CDC found that none of the physicians in reviewed malpractice cases had followed proper prescribing protocols outlined by the CDC and FDA.

Common Types of Pain Management Malpractice

Opioid Overprescription Malpractice

Common examples include:

• Prescribing opioids for conditions that don't warrant their use
• Failing to consider non-opioid treatment alternatives
• Not properly screening patients for addiction risk factors
• Writing prescriptions for excessive quantities or durations
• Inadequately monitoring patients for signs of dependence or abuse
• Continuing to prescribe opioids despite clear warning signs in patients
• Failing to conduct required medical or psychological examinations

Inadequate Pain Management

Medical malpractice occurs when healthcare providers fail to adequately assess or manage pain, causing prolonged suffering or worsening health conditions. This can involve:

• Ignoring a patient's complaints of pain
• Misdiagnosing or failing to diagnose the underlying cause of pain
• Refusing to prescribe appropriate pain relief without justification
• Failing to reevaluate treatment plans or modify medications as needed

Interventional Pain Management Complications

A review of interventional pain management claims from 2007-2016 revealed that medical judgment was challenged in 79% of cases. Common allegations included:

• Improper technique during injections or procedures
• Failure to identify and treat complications
• Not ordering necessary diagnostic tests
• Neglecting to consult appropriate specialists

The Harmful Effects of Opioid Overprescription

When doctors recklessly prescribe opioids without proper safeguards, innocent patients pay the price. In 2022, more than 14,700 Americans died from prescription opioid overdoses, according to the CDC. 

Other potential effects include:

• Opioid addiction or substance abuse disorders
• Accidental overdose, respiratory depression, and death
• Withdrawal symptoms and medical complications
• Mental health issues like depression, anxiety, and other psychiatric conditions
• Loss of employment and financial instability
• Strained relationships and family dysfunction
• Progression to illegal drug use or criminal behavior

What Damages Can Be Recovered?

New York does not impose caps on medical malpractice damage awards, allowing juries to award any amount they deem appropriate. Patients who are harmed by pain management malpractice and opioid overprescription may be entitled to compensation for:

Economic Damages

• Medical expenses (past and future)
• Rehabilitation and detoxification costs
• Lost income and loss of ability to work
• Long-term care expenses

Non-Economic Damages

• Pain and suffering
• Loss of quality of life
• Emotional distress
• Loss of consortium (for spouses)

Special Circumstances

• Wrongful death in cases of fatal overdose

New York State Opioid Regulations

New York has enacted strict guidelines to reduce opioid misuse:

• Practitioners may prescribe no more than a 7-day supply of an opioid medication for acute pain on initial prescription
• As of June 2022, prescribers must co-prescribe an opioid antagonist with the first opioid prescription when certain risk factors are present
• For pain lasting more than 3 months, providers must develop a written treatment plan included in the patient’s medical record

Frequently Asked Questions About Opioid Overprescription and Pain Management  Malpractice Cases

Q: How do I know if my doctor overprescribed opioids? 

Signs include receiving opioids for conditions that don't typically require them, getting large quantities without proper monitoring, lack of discussion about risks and alternatives, or continued prescribing despite signs of addiction or dependence.

Q: Can I sue if I became addicted to legally prescribed opioids? 

Yes. If your doctor failed to follow proper prescribing protocols, didn't monitor you for addiction signs, or continued prescribing despite clear warning signs, you may have a malpractice case. The key is proving the doctor breached the standard of care.

Q: What if my pain is undertreated rather than overtreated? 

Inadequate pain management can also constitute malpractice. If your pain was ignored, misdiagnosed, or improperly treated, and it caused suffering or medical complications, you may have grounds for a claim.

Q: How long do I have to file a pain management malpractice lawsuit in New York?

Generally, you have 2.5 years (30 months) from the date of the alleged malpractice or the end of continuous treatment. Given the ongoing nature of pain management, determining the exact timeline requires legal analysis.

Q: What if my doctor was criminally charged for overprescribing? 

Criminal charges can strengthen your civil case by providing evidence of wrongdoing. However, you can still pursue a civil claim even if no criminal charges were filed, as the standards of proof are different.

Q: Can pain management clinics be held liable for malpractice? 

Yes, both individual doctors and clinics can be held liable. Recent cases include a $7.4 million settlement involving pain management clinics for Medicare billing fraud and inappropriate practices.

Q: What if I was injured during a pain management procedure? 

Interventional pain procedures carry risks, but if your injury resulted from improper technique, inadequate monitoring, or failure to recognize complications, you may have a malpractice claim.

Q: Do I need an expert witness for my pain management malpractice case? 

Yes. New York requires a Certificate of Merit from a qualified medical expert, and expert testimony is essential to establish the standard of care and show how it was breached.

Q: What if my loved one died from an opioid overdose from prescribed medication? 

If the prescribing doctor failed to follow proper protocols or ignored warning signs, you may have a wrongful death claim. These cases are time-sensitive and require prompt legal action to preserve evidence.

Injured by Medical Malpractice in New York?

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Why Choose the Porter Law Group?

The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.

Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.  

You only get one chance to hire the best lawyer for you and your family.  Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results. 

When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.     

Consult a New York Opioid Overprescription and Pain Management Malpractice Lawyer

Pain management malpractice cases are complex and require thorough investigation to establish that physicians failed to follow established protocols. Our experienced medical malpractice lawyers have recovered millions of dollars in compensation for victims of medical malpractice throughout New York.

We work with board-certified medical experts who can evaluate your case, examine your records, and testify about your pain management doctor's negligence. The skilled attorneys at The Porter Law Group will investigate every detail, including:

• Lack of informed consent when prescribing pain medication
• Failure to follow proper monitoring protocols
• Lack of proper licensing or undisclosed financial interests
• Deviation from established treatment guidelines

We'll make sure that negligent medical professionals answer for their conduct and that you and your loved ones receive the financial compensation you deserve.

If you suspect that you or a loved one is the victim of opioid overprescription or pain management malpractice anywhere in New York, contact The Porter Law Group today. Our knowledgeable attorneys will provide a free, no-obligation case evaluation and explain your legal options.

Call 833-PORTER9 or email info@porterlawteam.com to get started.

*Prior results do not guarantee a similar outcome.