Drug Overdose Lawsuits in Florida
In the state of Florida, doctors and pharmacists are held to a standard that requires them to take care of their patients and make certain that their best interests are always adhered to. Unfortunately, this expectation is too high for certain individuals in the medical profession, and their actions (or lack thereof) have led to many cases where a patient unintentionally, or through the instructions of a doctor or pharmacist, overdoses on prescription drugs.
From 1991 to 2001 in Florida, there was a death rate increase of 325% in non-suicidal poisonings due to drugs of various sorts. Furthermore, prescription drugs now account for 76.1% of all drug overdose deaths in the state. This all leads to the fact that there have been major missteps by those who prescribe or distribute drugs in many cases. If you or a loved one has had to deal with a drug overdose due to mistakes made by medical professionals, you may be eligible for compensation in the form of damages.
Common Drugs in Prescription Overdose Cases in Florida
There are countless prescription drugs that can cause adverse reactions to those taking them. Considering that almost all medical patients do not have a strong understanding of prescription drugs and their effects, it is the responsibility of the doctors and pharmacists to make sure that what you are ingesting will not be a dangerous to your physiology. In Florida, there are a few prescription drugs in particular that have been found to be major causes of overdoses. Some of these drugs include:
• Oxycodone • Benzodiazepines • Methodone • Alprazolam • Xanax • Vicodin
Furthermore, some of the more common mistakes that a pharmacist can make are: misread illegible doctor handwriting, misunderstood abbreviations, miscalculation of dosages, administering the drug incorrectly. This is in addition to the fundamental mistakes that a doctor may make, including failure to fully read the patient's medical chart or a failure to monitor the patient while on medication.
Damages in Florida
In the state of Florida, the damages that a plaintiff may be eligible for is dependent on what is called the "flexibility theory of damages," which means that a plaintiffs may seek reimbursement of out-of-pocket expenses, or reasonable future lost profits, but not both. It can be accurately assumed that this is a doctrine limiting the availability of damages, making the process a bit more difficult. Even with this being the case, there are three distinct categories of damages that a Florida resident can sue for, Nominal, Compensatory and Punitive:
Nominal - Nominal damages are awarded when a legal wrong has been proven, but the plaintiff party has suffered no damages or where recoverable damages were not proven.
Compensatory - Generally, there are two types of compensatory damages: economic and non-economic. Economic damages consist of lost pay, medical expenses and a numerous other financial consequences arising from the overdose itself. Non-economic damages are much more difficult to accurately calculate. These damages are intended to compensate for your pain and suffering, disability, disfigurement, mental anguish and loss of capacity for the enjoyment of life.
Punitive - In general, punitive damages in Florida are governed by Florida Statutes § 768.72. These statutes provide that a defendant may be held liable for punitive damages only if the judge or jury, based on clear and credible evidence, finds that the defendant was individually guilty of intentional misconduct or gross negligence.
Having a basic understanding of what you may be eligible for in a medical malpractice lawsuit, in regards to damages, along with working side by side with a Florida medical malpractice attorney, will allow you to make the most of the difficult and life-changing situation by giving you the legal resources necessary to gain back what was lost, and move on with your life.
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