The Opioid Crisis and the Wrongful Conduct Rule: Does It Matter Who’s to Blame?

Emily J. Yang 

ABSTRACT

As our nation continues to face the devastating opioid crisis, there is a desperate need to find a solution to the epidemic that is killing an average of 128 people per day. In an effort to hold someone liable for this deadly epidemic, some jurisdictions have abandoned the wrongful conduct rule, allowing opioid-addicted plaintiffs to sue their healthcare providers for contributing to their addiction. The focus of this paper is on the shortcomings of abandoning the wrongful conduct rule and how there are more effective strategies to overcoming the opioid crisis which will address the root of the problem.

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