Understand why doctors overprescribe drugs and when you may be able to recover compensation after an injury or wrongful death through a medical malpractice lawsuit

In a nation grappling with a growing opioid crisis and increasing concerns about polypharmacy (taking multiple medications daily), medication overprescription is a silent epidemic sweeping across the United States. Millions of Americans are unknowingly put at risk of adverse drug events, addiction, and even death due to unnecessary or excessive medication use. 

If you suspect that you or someone you love, like a parent, child, or other family member, has suffered harm or wrongful death due to overprescribed medications, you may be entitled to compensation.

The experienced Tampa medication error attorneys at Palmer Lopez are dedicated to helping victims of overprescription understand their rights and seek justice. We urge you to contact us for a free consultation to discuss your situation and explore your legal options. 

What is overprescription?

Overprescription occurs when healthcare providers prescribe more medication than is necessary for a patient’s condition or when they prescribe medications that aren’t needed at all. This can lead to an increased risk of side effects, drug dependency, drug interactions, tolerance to the medication over time (which reduces its effectiveness), and even death.

There are several reasons why healthcare providers might overprescribe medications. Some of the most common include:

These factors highlight the need for ongoing education, transparency, and system-level changes to ensure appropriate medication use.

What is the most overprescribed drug?

According to a 2019 study published in the National Library of Medicine, “Overprescribed Medications for US Adults: Four Major Examples,” the 4 most commonly overprescribed drugs include opioids (for pain), proton pump inhibitors (for indigestion/heartburn), levothyroxine (for hypothyroidism), and antidepressants. 

Opioids

It should come as no surprise that opioids are one of the most abused prescription drugs in the U.S. Researchers found that almost 92 million U.S. adults (more than a third) had used a prescription opioid in the previous year, with about 13.4 million of those adults abusing them. Among the adults who were given opioid prescriptions, about 79% were prescribed the medication for more than 90 days. 

Common adverse effects from long-term opioid use or abuse include:

In 2020 alone, the National Institute on Drug Abuse reported that 16,416 people died from opioids that were legally prescribed by a physician.

Proton pump inhibitors

Proton pump inhibitors (PPIs) are a class of medications that reduce the production of stomach acid by blocking the enzyme system of gastric acid secretion. They are commonly used to treat conditions such as gastroesophageal reflux disease (GERD), stomach ulcers, and other acid-related disorders.

Common examples of PPIs include omeprazole (Prilosec), esomeprazole (Nexium), lansoprazole (Prevacid), pantoprazole (Protonix), and rabeprazole (AcipHex).

PPIs are often overprescribed due to their effectiveness in providing quick relief from acid-related symptoms and their general safety profile when used for short periods. However, they are sometimes prescribed for conditions that may not require long-term use, or patients continue taking them without reassessment from their healthcare provider.

Long-term use of PPIs can lead to several side effects, including:

• Nutrient deficiencies
• Bone fractures due to calcium malabsorption
• Chronic kidney disease or acute kidney injury
• Gastrointestinal infections and gastric tumors
• Dementia

Researchers found that more than 60% of the patients taking PPIs did not have an approved indication or a documented gastrointestinal diagnosis for using this medication.

Levothyroxine

Levothyroxine is a medication used to treat hypothyroidism, a condition where the thyroid gland does not produce enough thyroid hormone. It replaces or supplements the deficient hormone, helping to restore normal metabolic activity and overall health.

Levothyroxine is often overprescribed due to a number of factors, including:

• Misdiagnosis. Mild or subclinical hypothyroidism is sometimes diagnosed and treated aggressively, even when it might not be necessary.
• Overzealous screening. Routine screening can lead to the identification of borderline low thyroid hormone levels, leading to prescriptions even when the clinical need is unclear.
• Patient demand. Some patients request treatment for nonspecific symptoms like fatigue or weight gain, which they attribute to thyroid issues, prompting physicians to prescribe levothyroxine as a precaution.

Side effects of levothyroxine, especially when dosed incorrectly, can include:

• Cardiovascular issues like heart palpitations, increased heart rate, and arrhythmias
• Decreased bone density, increasing the risk of osteoporosis
• Symptoms of hyperthyroidism, such as weight loss, excessive sweating, and anxiety, if the dose is too high
• Gastrointestinal issues like diarrhea and abdominal cramps
• Neurological symptoms like headaches, insomnia, and irritability

It’s crucial for doctors to regularly monitor a patient’s thyroid level and adjust the dosage as needed to ensure effective treatment and avoid potential side effects.

Antidepressants

Antidepressants such as fluoxetine (Prozac), sertraline (Zoloft), escitalopram (Lexapro), venlafaxine (Effexor), and bupropion (Wellbutrin) are commonly used to alleviate symptoms in patients with clinical depression and anxiety by balancing chemicals in the brain to improve mood and emotional stability.

While these medications are crucial for managing mental health conditions, they’re also often overprescribed due to factors like:

• Misdiagnosis. Conditions like normal sadness or temporary stress can be misdiagnosed as clinical depression.
• Patient demand. Patients experiencing temporary discomfort may request medication.
• Broad use. Prescribing antidepressants for off-label uses, such as chronic pain or insomnia, without thorough evaluation.

Side effects associated with long-term use of antidepressants can include:

These potential side effects are especially concerning since long-term use of antidepressants has increased substantially in recent years. 

In 2018, The New York Times reported that more than 15.5 million Americans had been taking antidepressants for more than 5 years, that’s almost twice the rate since 2010 and more than triple since 2000.

Other commonly overprescribed medications

In addition to the medications listed above, other commonly overprescribed medications include:

• Benzodiazepines. Medications like alprazolam (Xanax) and diazepam (Valium) are commonly overprescribed for anxiety and sleep disorders, leading to dependence and withdrawal issues.
• Antibiotics. Often prescribed for viral infections (for which they are ineffective), leading to antibiotic resistance.
• Statins. Cholesterol-lowering drugs such as atorvastatin (Lipitor) are sometimes overprescribed, especially for patients with borderline high cholesterol.

Do doctors get kickbacks from drug companies for prescribing their drugs?

While it’s illegal for doctors to receive kickbacks directly for prescribing specific medications, pharmaceutical companies can legally pay doctors to promote their products. This practice includes activities such as speaking engagements, consulting, and participating in research and development. 

Fortunately, starting in 2014, the Affordable Care Act’s Sunshine Act mandated that all payments over $10 made by pharmaceutical and medical device companies to doctors be publicly reported, providing increased transparency and allowing patients to see any financial connections their doctors may have with these companies.

Although collaborations between doctors and pharmaceutical companies can lead to significant medical advancements and improved treatments, there have understandably been concerns over the promotion aspect, with drug companies having faced substantial legal actions for giving financial incentives to doctors. 

Can I sue a doctor for overprescribing medication?

Yes, you can sue a doctor for overprescribing medication if certain legal requirements are met. For a successful physician negligence lawsuit, you’ll need to establish that the doctor failed to provide an acceptable standard of care, which directly caused harm or injury. 

Below are the key elements required for a successful lawsuit.

Duty of care

The first requirement is to establish that the doctor owed a duty of care to the patient. This is generally straightforward, as a doctor-patient relationship typically implies this duty. The doctor is expected to provide care that aligns with the medical standards and practices accepted in the medical community.

Breach of duty

You must demonstrate that the doctor breached this duty by overprescribing medication. This can involve proving that the doctor prescribed medication in amounts or frequencies that were not medically necessary or that they failed to monitor the patient’s use of the medication properly. 

Expert testimony from other medical professionals is often required to establish that the prescribing behavior deviated from accepted medical standards.

Causation

It is crucial to show that the breach of duty directly caused harm or injury to the patient. This means establishing a direct link between the overprescription of medication and the adverse effects experienced by the patient. 

For example, if overprescription led to addiction, overdose, significant health issues, or wrongful death, this causation must be clearly demonstrated.

Damages

Finally, you must prove that the patient suffered actual damages as a result of the overprescription. Damages can include medical expenses, lost wages, pain and suffering, and other related costs. Detailed documentation and records will be necessary to substantiate these claims.

By meeting these criteria, you can build a strong negligence case against a doctor for overprescribing medication, potentially leading to compensation for the harm suffered. Consulting with an experienced medical malpractice attorney is essential to navigating this complex legal process effectively.

Don’t let the devastating consequences of medical negligence go unchallenged

If you or a loved one has been the victim of overprescribed medications, the time to act is now. The experienced Tampa medical malpractice attorneys at Palmer Lopez are ready to stand by your side, offering compassionate guidance and aggressive representation to help you recover maximum compensation.

We understand the physical, emotional, and financial toll that prescription errors can take. That’s why our attorneys get to work meticulously reviewing your case, gathering evidence, and consulting with expert witnesses to build a strong claim on your behalf. 

Let us help you hold the responsible parties accountable and recover the compensation you deserve. Contact us today for a free, confidential consultation.