How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask N Cal Atty Your Own Question
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9389
Experience:  attorney at self
Type Your Legal Question Here...
N Cal Atty is online now
A new question is answered every 9 seconds

My doctor put me on a Fintal patch, and I all of my other

Customer Question

My doctor put me on a Fintal patch, and I toke all of my other meds. It turned out to be a overdose, I was not awake for days, I also died 3 times when I was in the ER. They say this patch is almost higher than morphine. I'm also have a blood disorder since going back 1984. I would like to know if I have a case or not?
JA: Since laws vary from place to place, what state is this in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: No, I can't find anyone to take my case unless I died
JA: Anything else you want the lawyer to know before I connect you?
Customer: Before they put me in an ambulance that if they didn't called for help that within an hour I would have died
Submitted: 10 months ago.
Category: Legal
Expert:  N Cal Atty replied 10 months ago.

Thank you for your question.

Fentanyl is 50 to 100 times stronger than morphine and is not appropriate other than for extreme pain that does not respond to other medications.

The official NIH information states:


Fentanyl transdermal system is indicated for the management of pain in opioid-tolerant patients, severe enough to require daily, around-the-clock, long-term opioid treatment and for which alternative treatment options are inadequate.

Patients considered opioid-tolerant are those who are taking, for one week or longer, at least 60 mg of morphine daily, or at least 30 mg of oral oxycodone daily, or at least 8 mg of oral hydromorphone daily, or an equianalgesic dose of another opioid.

So it may not have been appropriate to prescribe it but I cannot tell without more information.

The Experts here cannot represent you, but you can get a free consultation from some of the medical malpractice attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.

Expert:  N Cal Atty replied 10 months ago.

NIH item 2.1:

Initiate the dosing regimen for each patient individually, taking into account the patient's prior analgesic treatment experience and risk factors for addiction, abuse, and misuse [see WARNINGS AND PRECAUTIONS (5.1)]. Monitor patients closely for respiratory depression, especially within the first 24 to 72 hours of initiating therapy with fentanyl transdermal system when serum concentrations from the initial patch will peak [see WARNINGS AND PRECAUTIONS (5.2)].

It sounds like the doctor did not monitor you closely, and the failure to follow the NIH recommendations is a strong argument that the doctor did commit malpractice.