What Evidence is Needed for Opioid Injury Cases?

Around 128 people in the U.S. die daily after overdosing on opioids. Even more become addicted.

TUT Staff

According to the National Institute on Drug Abuse, around 128 people in the U.S. die daily after overdosing on opioids. More people even end up in addiction. Unfortunately, opioids have long been in use as non-addictive prescription drugs for certain illnesses and conditions. Due to addiction, opioid-related lawsuits are now increasing as more people file injury claims.  

If you or a loved one are considering filing a claim for negligence that caused injury or even death, you must have sufficient evidence to support your injury claim, which is considered a medical malpractice claim. Let’s look at the most crucial evidence you’ll need to support your claim with the help of a personal injury lawyer. 

Medical Evidence 

Medical records are critical in any medical malpractice case. Claims that involve injuries due to opioids require substantial proof to support your claim. You’ll need copies of the opioid prescriptions given over time, the dosage prescribed, the date you started taking the prescription drugs, and other critical information that could help prove that a doctor was negligent in prescribing the opioid drugs. 

According to Mirmanlawyers.com, an NYC personal injury law firm’s website, drug companies have pushed opioids as the answer to problems like back pain. This has caused a lot of suffering, including 40,000 deaths each year, which could have been avoided with alternate treatments. For those still reeling from opioid addiction and injuries, providing medical records is the first step to filing a claim. 

Expert Medical Witness Testimony

If you’re filing a personal injury claim due to opioid addiction, you must obtain a medical witness testimony to prove your case. Most states require also require a certificate of merit, except for California. This is a sworn statement by a qualified medical expert who practices or has practiced in the same field of medicine as the negligent party. You must file the certificate of merit along with the personal injury claim for the case to proceed. 

Expert medical witness testimony is also a sworn testimony by a qualified medical expert who can recognize when another medical expert has not provided the acceptable standard of care to a patient. This testimony may include details and facts that prove your doctor’s failure to identify signs of addiction and prescribed more opioids than needed. This testimony doesn’t have to be filed together with a claim in court. 

Testimony Against the Opioid Pharmaceutical Company

Opioid lawsuits have turned out to be one of the largest class of lawsuits in the U.S. as the number of opioid-related claims continues to grow in an ongoing federal case. If a pharmaceutical company is partially or wholly liable for your injuries or suffering, you have to provide evidence. Some companies are under scrutiny for pushing drugs that have contributed to the opioid crisis. 

By working with an experienced personal injury attorney, you can get witnesses that work for the pharmaceutical company to testify against them. Investigative evidence that points the finger at companies who misled patients can also support your claim. Getting this testimony on your own is difficult. Working with an attorney is your best shot at getting the evidence you need. 

Evidence of Suffering and Losses

You must also provide evidence to prove that your injuries caused suffering, damages, and losses. For instance, pay stubs can provide evidence of the wages you’ve lost, medical bills can prove your cost of treatment, and work leaves can show the amount of time lost away from work. Invoices from a rehabilitation center or recovery clinic can also show the cost of treatment to recover from addiction

Conclusion

Collecting evidence in an opioid injury case is not something you can do on our own. Work with a personal injury attorney who can reach out to their network of medical experts for testimonies, subpoena witnesses, gather the medical evidence needed, and prepare documentation for your claim as you recover from your injuries.