Addressing drug addiction by litigation a very bad idea

By ACSH Staff — Mar 11, 2013
In a move that borders on hilarious (unless you happen to live there, in which case it's anything but) Nevada state Sen. Tick Segerblom is pushing for a law that he believes will address the growing problem of opiate addiction. The new measure would permit patients who become addicted to painkillers to sue the doctors who prescribed the medications, as well as the manufacturers that made the drug.

In a move that borders on hilarious (unless you happen to live there, in which case it's anything but) Nevada state Sen. Tick Segerblom is pushing for a law that he believes will address the growing problem of opiate addiction. The new measure would permit patients who become addicted to painkillers to sue the doctors who prescribed the medications, as well as the manufacturers that made the drug.

They know the person can get addicted to the drug so they should pay for the process of them getting off it, said Segerblom.

Segerblom is, not surprisingly, a trial lawyer, and while the proposed law may be good for his profession, it will certainly harm almost everyone else a fact that was vocally pointed out during public hearings on the law.

David Johnson, a Las Vegas physician, expressed the opinion of many doctors. This bill ties the hands of physicians and takes away the rights of patients to choose which risk to assume while seeking treatment for their diseases. Yes, some drugs may be addictive, but that may be the less important issue when fighting the disease or symptom.

Others expressed similar reservations. Would you propose a law where slot machine manufacturers and casinos are liable for the financial loss and gambling addictions of their visitors? Las Vegas physician Annette Teijerio asked the committee. Or the bartenders and liquor manufacturers for DUI s and alcoholism addictions by their patrons?

ACSH s Dr. Josh Bloom agrees wholeheartedly. He says, This may be the dumbest idea in the history of the world. The first time that a doctor gets sued for having the unmitigated gall to prescribe Vicodin for a patient with post-operative pain, a kidney stone, or terminal cancer, take a wild guess what he's going to do next. I suspect it will be something like Take two aspirin, lie in bed screaming in agony all night, and call me in the morning.

You can read Dr. Bloom s previous op-ed, When Medicine and Law Enforcement Mix, Patients Lose here.

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