Lawyers Should Start Suing Doctors Who Prescribe Medical Marijuana

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As of March 13, 2016, 23 states and Washington DC allow for medical marijuana. In order to qualify for medical marijuana, one needs to see a doctor a get a recommendation. In California, one can get a recommendation for (but not limited to) the following:

The problems and medical conditions that are approved for medical marijuana vary from state to state, but one can pick up on the vagueness of some these maladies (how do you prove or disprove migraines, pain or nausea?). Besides the subjectivity of a number of these problems, there is an even more pressing concern: clinical research has not be conducted where marijuana was used to treat these illnesses. The doctors are making these recommendations with little to no research about these issues. One doctor I spoke to recently described the practice of prescribing marijuana as perhaps being a bit medieval but definitely pre-enlightenment.

One of the key defenses for doctors is that they are not prescribing marijuana but rather recommending it. That obviously has been set up this way to limit their liability (key word is limit, not eliminate). Is a recommendation a form of medical care or treatment? If it is not, then why is it called medical marijuana? If it is a form of medical care or treatment, then it becomes much clearer that the doctor has some responsibility here. When a medical marijuana user has an accident or experiences some psychological problems from their marijuana use (depression, anxiety, panic attacks, lack of concentration), a strong trial lawyer may make a case against the doctor (and/or the marijuana dispenser) for liability.

It will happen. The question is where and when.