Do I have a good lawsuit if my girlfriend died of fentanyl poisoning after being prescribed medication? 2 Answers as of February 15, 2011

My girlfriend died of fentanyl poisoning last year. Do I have a lawsuit? The doctor that gave her the medication was just arrested. She passed away in New York.

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
It sounds like there is a great likelihood of recovery against the doctor who prescribed the drug to your girlfriend, especially if it was counter-indicated for medical reasons. However, if you were not married, unless you were mentioned in her Will, you may not have a basis for personal recovery yourself. Instead, her Estate may have to be distributed according to Intestate procedures, which means any recovery would go to her family and siblings, unless the two of you had children together. Speak to an experienced personal injury attorney as soon as possible because there are limied statute of limitations for such things. You said she passed away in New York, but there was no mention as to whether that was NY state or NYC. Our office is on Long Island. I'm truly sorry for your loss.
Answer Applies to: New York
Replied: 2/15/2011
Gerald C. Barton
Gerald C. Barton | Gerald C. Barton
In order to answer this question, you would need to supply more information. Why was she prescribed the medication? What other medications was she taking? Did she take the correct prescribed amount? What other treatments was she using to relieve pain?
Answer Applies to: New York
Replied: 2/14/2011
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