Page 8 - Minnesota Vol 8 No 2

PATRICK STONEKING | Medical Malpractice
Methadone Clinic Liability
Bynow, most people have learned how the opioid crisis has ruined countless lives. As addiction and dependency have spread at a record pace, communities have struggled to keep up with the direct and indirect challenges that have come along with the epi- demic. One of the main ways that the medical community has battled opiate addiction is with replacement therapy, o en with methadone as a part of methadone mainte-
nance treatment (MMT).
Methadone is a dangerous drug of its own, and MMT
involves its own set of challenges, some that will give rise to signi cant risks and liability. When MMT is work- ing, an addicted person can take a daily dose (usually rst thing in the morning) and then goes about a normal and productive day, free from cravings. A person might continue in an MMT program for years and years, o en working his or her way up to taking many methadone pills home for unsupervised use.
As the opioid epidemic persists, attorneys in the per- sonal injury, medical malpractice, and health care spaces can all expect to encounter methadone in cases from time to time. Aspects of methadone treatment that are likely to give rise to risks or liability claims in an MMT setting in- clude a lack of medical oversight, inadequate counseling, and mismanagement of take-home medication.
LIABILITY FROM LACK OF MEDICAL OVERSIGHT
MMT is governed by Federal regula- tions within 42 C.F.R. §8.12. Each opi- oid treatment program needs to have a medical director, who under federal
ATTORNEY AT LAW MAGAZINE · MINNESOTA· VOL. 8 NO. 2 8
Patrick Stoneking, an experienced litigator at Robins Kaplan LLP, is dedicated to helping people who have been permanently and severely injured by others’ mistakes. He has represented hundreds of people across the Mid- west in claims that have often involved complex medical issues and insurance coverage matters. He is an active member of the American Association for Justice and the Minnesota Association for Justice, where he serves on the board of trustees. He frequently presents on some of the more complicated aspects of medical malpractice litigation, including loss-of-chance, methadone prescription liability, and the several procedural requirements that are unique to medical malpractice claims.
Methadone is
a dangerous
drug of its own,
and MMT involves its own set of challenges, some that will give
rise to significant
risks and liability... As the opioid epidemic persists, attorneys in the personal injury, medical malpractice, and health care spaces can all expect to encounter methadone in cases from time to time.”