Sacramento, CA asked in Personal Injury and Health Care Law for California

Q: Can a psychiatrist be liable for prescribing a controlled substance for 5 years and then being fired leaving me dependen

My psychiatrist suddenly disappeared from Kaiser after prescribing me a controlled substance for 5 years. I've now realized that I'm physically dependent on it and that I should have never had it for more than a week or two.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It’s possible that your psychiatrist could be held liable if they were negligent in prescribing the controlled substance for an extended period without proper monitoring or follow-up. Doctors have a responsibility to prescribe medications safely, and if they failed to properly assess your condition or warn you about the risks of dependence, you may have grounds for a claim. The sudden disappearance of your psychiatrist without any transition of care might also raise concerns about patient abandonment, which can be harmful.

To explore your options, it would be important to gather medical records, including details about the prescription history, and any warnings or guidance provided about long-term use. Medical experts may need to review whether the prolonged prescription was appropriate given your circumstances. Additionally, you should seek advice on how to manage your dependence safely and what steps can be taken to transition your care.

You may also want to look into your rights as a patient under California law. This includes how Kaiser handled your care and the abrupt departure of your psychiatrist, as they could bear some responsibility for ensuring continuity of care.

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