Learn about the rise of fentanyl overdoses across the U.S. and Florida and when a doctor or other negligent party could be liable for injuries or wrongful death

Fentanyl overdoses have become a critical public health issue across the U.S., and Florida is no exception. The rising number of overdose cases underscores the urgent need not only for awareness but also for accountability for those who contribute to the crisis through negligence, malpractice, or illegal actions. 

This article explores the legal complexities surrounding fentanyl overdoses and potential liability in Florida, offering insight into some scenarios where healthcare providers, pharmaceutical companies, and others might bear responsibility. 

If you have additional questions that aren’t answered in this article or want to discuss the specific details surrounding your case, please feel free to reach out to our Tampa medical malpractice attorneys to schedule a free, confidential consultation.

What is fentanyl used for?

Fentanyl is a strong synthetic opioid used for pain management, especially in patients who have built up a tolerance to other painkillers. Doctors often prescribe it to help relieve pain after surgery or for long-term pain conditions like cancer.

It comes in many different forms, including powdered, pill, and liquid. It can be administered through an injection, lozenge, nasal spray, or even eye drops, depending on the patient’s needs. Fentanyl patches are also commonly used to target pain in a specific area. 

However, fentanyl is very potent and has serious risks, including a high potential for misuse and overdose, which has made it a major concern in the current opioid crisis.

Additionally, fentanyl is increasingly being used as an additive in illegal drugs like heroin and cocaine without users’ knowledge, significantly raising the risk of accidental overdose. This dangerous practice is leading to a surge in unexpected and fatal overdoses, contributing to the approximately 150 daily deaths from synthetic opioids like fentanyl and further escalating the already devastating opioid crisis.

How many people overdose in the U.S. each year?

According to data from the Centers for Disease Control and Prevention (CDC), more than 100,000 people in the U.S. died from drug overdoses in the 1-year period from November 2022 to November 2023, including 7,265 Floridians. 

Although these figures are alarming, they actually represent a slight decline in overdose deaths compared to the previous 12-month period, both in Florida and nationwide.

With so many people needlessly dying from overdoses in our country, it should come as no surprise that about 42% of adults in the U.S. say that they’ve lost someone they know from an overdose, meaning that this epidemic has far-reaching effects, impacting upward of 100,000 million Americans.

What’s being done to address fentanyl overdoses in the U.S.?

Recent efforts to address fentanyl and other opioid overdoses include a significant focus on increasing access to naloxone (Narcan), a life-saving medication that can reverse opioid overdoses. 

The CDC has launched campaigns to raise awareness about the importance of carrying naloxone after a recent study revealed that bystanders were present in more than one-third of overdose cases, suggesting that with the right tools, ordinary individuals can act to prevent overdose deaths. 

Naloxone, available in all 50 states (often without a prescription), can be administered by anyone to a person experiencing an overdose, potentially saving a life. 

What happens if you give Narcan to someone who doesn’t need it?

The availability of Narcan is certainly welcome news, but it has also raised concerns and created confusion among the public regarding the potential liability of a Good Samaritan who administers Narcan to someone they suspect is overdosing but aren’t entirely sure.

Fortunately, according to the U.S. Food and Drug Administration (FDA), Narcan is considered to be a generally safe drug for all ages, so it’s highly unlikely to cause harm if mistakenly given to someone not experiencing an overdose. 

Additionally, many states, including Florida, have Good Samaritan laws in place to protect individuals who act in good faith from legal repercussions. These laws encourage bystanders to assist those in medical distress without fear of legal consequences, recognizing that the immediate need to save a life outweighs the risk of accidental administration.

Can you sue for a fentanyl overdose in Florida?

Yes, it is possible to sue for a fentanyl overdose in Florida and other states under certain circumstances. Legal action can be taken if the overdose occurred due to negligence, malpractice, or wrongful actions by another party. 

Here are some examples:

The crucial factor in determining whether you can file a lawsuit after a fentanyl overdose is proving a direct connection between the overdose and the other party’s negligence. Because establishing this link can be challenging, it’s essential to consult with a medical malpractice attorney who can evaluate the specifics of your case and help you explore your available legal options.

Have questions about liability after a fentanyl overdose in Florida? We offer free, confidential consultations.

If you believe that you or a loved one has suffered a catastrophic injury or wrongful death after an overdose due to negligence in Tampa, reaching out to the compassionate and experienced team at Palmer Lopez can be an essential first step toward finding justice. 

We understand the profound impact that these tragedies can have on families and loved ones, and we’re here to provide the support and guidance you need during this difficult time. With our expertise in medical malpractice and personal injury law, we’ll work diligently to uncover the truth, hold responsible parties accountable, and seek the compensation you deserve. 

Please know that all consultations are completely confidential, so you can feel comfortable sharing the details of your story with us. Let us help you navigate the legal process and fight for the justice your family deserves.

Schedule your free consultation today.