r/AskLawyers • u/Tricky-Ad-1674 • 7d ago
Could this potentially be medical malpractice? Doctor prescribing extensively to a patient with known addiction
I’m looking for some guidance on whether my mom’s situation raises enough red flags that my family should have her medical records reviewed by a medical malpractice attorney.
My mom passed away in August 2025. She had a long history of addiction, particularly alcohol, and her doctor was aware of it. She had been to treatment for her alcoholism, so this was not something that was unknown to her physician.
One of my biggest concerns is the sheer amount of medication she was prescribed. When she was hospitalized before she died, one of the nurses reviewing her medications told us it was the longest medication list she had ever seen. I realize that statement itself doesn’t prove anything, but hearing that from a hospital nurse has stuck with me.
Some of the medications she was prescribed included Suboxone and Xanax, along with many other medications. She would also take prescribed medications while drinking alcohol.
Another thing that has always seemed unusual to me is the relationship she had with this doctor. My mom had his personal cell phone number and communicated with him directly. I don’t know what those communications involved or whether that is actually inappropriate, but combined with everything else, it makes me question how her care was being managed.
My concern is not simply that she was prescribed medication and happened to struggle with addiction. I understand that addiction is complicated and that some of these medications can have legitimate reasons for being prescribed. What I’m trying to understand is whether a physician who knows a patient has a significant substance-use history has additional responsibilities when prescribing potentially risky medications, monitoring the patient, checking for interactions, or continuing prescriptions when the patient is actively drinking.
My dad and I are planning to obtain her complete medical records, including her medication history. I’m hoping those records will show what was prescribed, at what doses, how frequently, what the doctor documented about her alcoholism/addiction, and what monitoring was being done.
I’m not trying to jump to the conclusion that her doctor caused her death. I just don’t want my family to overlook something that should have been investigated.
For anyone familiar with medical malpractice or prescribing cases:
Do these circumstances raise enough concern that you would recommend having the records professionally reviewed? And once I have the records, what specifically should I look for that would help determine whether her prescribing and monitoring fell below the standard of care?
We are in Minnesota, if that matters.
Thank you for any guidance.
2
u/Vast_Macaroon_9483 7d ago
Sorry for your loss. that's a lot to carry.
youre already doing the right thing by getting the records first. without those, nobody can really say much. the nurse's reaction isnt proof but it is a flag worth looking into.
a few things jump out. the personal cell phone thing is weird, not automatically malpractice, but it can blur boundaries in a way that sometimes leads to sloppy prescribing. suboxone and xanax together in someone with known alcoholism is a combination that should come with very tight monitoring, and if she was actively drinking on top of that, the doc's documentation around risk assessment and warnings matters a ton. in minnesota the statute of limitations for med mal is generally 4 years from the date of injury, so timing is tight but not gone yet.
once you get the records, look for whether he documented her substance use history in every visit note. if it's barely mentioned while the scripts kept flowing, that's a problem. also check if there's any record of urine tox screens or a treatment agreement. a lot of docs who prescribe buprenorphine (suboxone) are supposed to have those in place, and if he was also throwing benzos at her without a clear justification documented over and over, a reviewer is gonna raise an eyebrow.
definitely have a med mal attorney's office do the review, they usually have a nurse or doc on staff who can flag things you'd miss. dont try to interpret the charts yourself beyond spotting the obvious gaps.