Recently, a woman who was struggling with fibromyalgia, neck and back pain was given Subsys. She was not aware that she was taking medication that was not meant for her. This oversight may have not even been made public, but she ended up dying from an accidental overdose.
This particular tragedy was made known to the New Jersey Attorney General, who vowed to take action. Up until then they were less aware of the severity of such off-label prescribing, particularly of a drug as strong as fentanyl. The AG began the process of bringing charges against the doctor, and while the case is still pending, prosecutors are looking to suspend the her medical license as well.
So when do physicians become liable for prescribing medications? Off-label use is very common, yet there is a lot of subjectivity involved in trying to determine if the doctor was only trying to help or if there is any form of reckless endangerment and malpractice.
Over-prescribing has played a role in our nation’s painkiller epidemic, and situations like the one described in this story gives another example of how patients are losing their lives to powerful narcotics. Hopefully, the regulatory intervention being performed regarding prescribing practices and prescription drug monitoring will help reel in more potentially dangerous drug use and save more lives.