Was it malpractice or negligence? How? 10 Answers as of August 25, 2015

I'm trying to find out if I am able to file a lawsuit against a nurse. I had been on Vicodin and somas for the longest time due to my back pain. Someone I knew who was a nurse asked me if I’d like some medication from the hospital to alleviate some of the pain. When the medication was given to me I found out that it was IV drugs such as morphine, dilaudid and fentanyl that he was taking from his work. Up until this time I had never once done any street drugs or stuck a needle in my arm. This went on for some time and it even got the point where he would hook an IV up to me and I would have a bag of fentanyl hanging from a hook on the wall while it ran into my arm until the bag was empty. He would leave the IV in my arm and hook up a syringe every time he gave me more medication. He then got caught at work and was unable to get me any more drugs which left me in severe withdrawal and at that point I began looking for something as strong as these drugs to alleviate my withdrawal symptoms. And turned to street drugs. I would like to know if I have an option to file a lawsuit for malpractice and negligence.

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James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
It takes the opinion of a medical expert to determine whether or not malpractice occurred. Lawyers that do medical malpractice cases typically have such experts available. Consider consulting one. Good luck.
Answer Applies to: Alabama
Replied: 8/25/2015
Candiano Law Office
Candiano Law Office | Charles J. Candiano
It is neither. If you sued him, who would pay? He is either in jail or soon will be and has certainly lost his license.
Answer Applies to: Illinois
Replied: 8/25/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Well you do have that option. However you would not likely get far with it for several reasons. You had to know that you a party to his crime. That could lead to lots of trouble for you including dismissal of your Complaint. And even if you could win a judgment, you probably could not collect anything worth counting from this unemployed criminal. I suggest you devote your energies to getting and staying clean, and keep away from this guy and everyone like him. Good Luck.
Answer Applies to: Wisconsin
Replied: 8/25/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Very doubtful. You knew the drugs were both illegal to you and stolen.
Answer Applies to: Michigan
Replied: 8/25/2015
Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
It does not seem to be malpractice case since he not a doctor and is unable to proscribe or supply medicine. It not negligence case since he had no legal duty to help you. It sound like you have a criminal case and you can have criminal charges filed against him.
Answer Applies to: Utah
Replied: 8/24/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Sue your friend. You were actively involved and must share the blame. I would turn down this case if it was offered to me.
    Answer Applies to: Michigan
    Replied: 8/24/2015
    Law Offices of George H. Shers | George H. Shers
    He is not a physician so you can not sue for malpractice. Since you knew he was stealing dangerous drugs from a hospital, you committed a crime, probably a felony. If you knew that withdrawal would cause symptoms, you were agreeing to take that chance. I do not see how he was negligent. Do you really think a jury would award you anything when you should have know what would eventually happen. ?No lawyer would touch your case.
    Answer Applies to: California
    Replied: 8/24/2015
    Gates' Law, PLLC | Thomas E. Gates
    Neither, he was not acting in his capacity as a nurse.
    Answer Applies to: Washington
    Replied: 8/24/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report (up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.
    Answer Applies to: California
    Replied: 8/24/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    That would be a yes.
    Answer Applies to: New York
    Replied: 8/24/2015
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