A Cannabis Conundrum: Federal Law and Malpractice
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Will Doctors Prescribe Pot?
Marijuana laws are being eased across the country and provisions for medical marijuana are being created in many states. All seems well for proponents and patients, except for the quagmire that despite state laws giving the thumbs up to medical marijuana, the federal government still considers cannabis to be an illegal substance.
Illinois is among 23 states that allow at least medical use of marijuana. The state allows its use for 39 medical conditions including cancer, glaucoma and seizures. But National Organizations to Reform Marijuana Laws says the problem is directives from large medical groups and hospitals cautioning physicians not to enroll patients in the program.
Loss of Medical License?
Is it possible that a physician could use his or her controlled substance license for prescribing a substance that is legal according to state law, but illegal per federal law? Nothing is impossible, and time will tell.
The matter of malpractice is also a concern for doctors and hospitals. Is it possible that a physician could be sued for malpractice if a patient or someone else suffers some type of injury or harm because of prescribed marijuana? It hasn’t happened yet, but once again anything is possible.
These are new frontiers in medicine and law, and hopefully there will be an outcome that benefits patients without causing any harm to anyone.
When anyone is hurt because of someone else’s action or inaction, the law allows for people to seek compensation by accessing the courts. This right is granted by the 7th amendment, and it one of our most precious freedoms.
Recent: News on Medical Marijuana in Ohio
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