My doctor prescribed Oxycontin to help me deal with some pain after minor surgery. I am now addicted to Oxycontin and I am facing legal problems because of my addiction. With all that I’ve read, I don’t think it was appropriate for my doctor to prescribe Oxycontin in the first place. How do I prove this and who is liable for my addiction?

The guidelines for prescribing Oxycontin discourage prescribing its use for post-surgery pain, particularly pain which is probably of a fairly transient nature such as the pain following minor surgery. Furthermore, Oxycontin is not recommended for use by those who have not already developed some tolerance to morphine and other similar narcotics. From the little you have told about your case, it sounds as though either or both of these guidelines were violated.

The question then becomes whether Purdue Pharma or your doctor is liable – or are both? Purdue Pharma has a history of downplaying the risks associated with prescribing Oxycontin, and your doctor may not have had the best information when she or he wrote the initial prescription. However, your doctor probably should have known the basic guidelines for prescribing Oxycontin and should have been monitoring you for signs that you were developing an addiction.

Your attorney will need your full medical history, including whether you have ever developed an addiction to other types of drugs, to help evaluate your case. The other side will be asking for this information as well. Your medical history will help show whether the Oxycontin was properly prescribed for you in the first place and whether there were any prior indicators that should have clued your doctor in to watching you closely for signs of addiction.