Medical Malpractice

Jury sides with doctor sued for overdose

A doctor wasn’t to blame for a teen’s overdose of Xanax and hydrocodone, a jury found on Feb. 19. Brandon Garcia was given a prescription for 40 Norco tablets by Dr. Jeffrey D. Johnson. As Garcia was leaving the clinic, he asked for a Xanax prescription, saying he was being treated by a psychiatrist for bipolar disorder but could not get an appointment to see his doctor. About five hours later he took a lethal amount of each drug. Garcia had never been prescribed Xanax, but he had been to four rehabilitation facilities for addiction to the drug. His family claimed that Johnson failed to recognize Garcia’s drug-seeking behavior. Johnson contended that he was reasonable in believing Garcia; that Garcia failed to follow the instructions on the prescription; and that Garcia alone was responsible for his death.

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