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Controlled, monitored use of ketamine has emerged as a popular treatment for depression symptoms in recent years. However, ketamine therapy has the potential for dangerous complications and side effects—especially if the health care provider responsible for it is negligent.
When patients undergo ketamine therapy, they trust clinicians with their health and well-being. However, when medical professionals fail to properly evaluate the patient’s medical history, prescribe or dispense an incorrect dosage, or adequately monitor treatment, patients suffer.
If you or a loved one has suffered harm due to negligence with ketamine therapy, you deserve compensation for your physical, psychological, and financial losses. Olson Personal Injury Lawyers is here to help. Our experienced ketamine malpractice attorneys will go the extra mile to secure the results you need. Call (505) 391-8978 today for a free consultation and case review with our trusted team.
Table of Contents
- Our Ketamine Malpractice Lawyers Can Help Fight for Your Rights
- The Rise of Ketamine-Assisted Therapy Risks in the US
- What Are the Health Risks of Unregulated Ketamine-Assisted Therapy?
- Why Aren’t Ketamine Clinics Heavily Regulated?
- Ketamine Malpractice By the Numbers
- How Do You Prove Medical Malpractice in Ketamine-Related Cases?
- Challenges Associated With Filing Ketamine-Assisted Cases
- What Evidence Is Needed in a Ketamine Malpractice Case?
- What Compensation Can You Pursue If Affected By Ketamine Malpractice?
- What Should I Expect From My Ketamine Malpractice Case?
- Get Legal Guidance Today for Ketamine Malpractice
Our Ketamine Malpractice Lawyers Can Help Fight for Your Rights
At Olson Personal Injury Lawyers, we’re committed to Protecting The West, one case at a time. We’ve been handling psychiatric medical malpractice cases in Colorado, Wyoming, and New Mexico for years, working with relevant medical experts to help victims secure the compensation they deserve.
Firm founder Sean Olson is currently pursuing litigation in ketamine malpractice cases and has appeared in local media to discuss the dangers of negligent ketamine prescription. We’re dedicated to more than just achieving optimal legal outcomes; we work to get you justice, improve your life, and help you fully recover. We’ll treat your case like it were our own.
The Rise of Ketamine-Assisted Therapy Risks in the US
Ketamine originally received FDA approval in 1970 for use as a surgical and emergency anesthetic. By the 90s, it became known as a quick-acting antidepressant, leading to an increase in clinical use for pain management and mental health treatments.
In 2019, the FDA also approved Spravato, an esketamine nasal spray for the treatment of depression. In the years before and after, there was a boom in clinics prescribing ketamine for off-label depression treatment, quickly growing into an industry worth billions of dollars.
However, there are safety risks associated with ketamine treatments, especially without proper medical supervision. The FDA issued warnings in 2022 and 2023 over the risks of at-home use of compounded ketamine products. Actor Matthew Perry’s high-profile overdose death brought significant public attention to ketamine malpractice and led to heightened enforcement against negligent health care providers.
What Are the Health Risks of Unregulated Ketamine-Assisted Therapy?
Without a medical professional to monitor a ketamine treatment, the risks of negative outcomes can be much higher. Some of the potential complications and side effects of ketamine therapy can include:
- Potential for abuse or improper dosing
- Cardiovascular distress
- Psychological dependency
- Disassociation and psychiatric distress
- Bladder and urinary tract problems
- Breathing issues
- Nausea
- Anxiety
Why Aren’t Ketamine Clinics Heavily Regulated?
While ketamine is a controlled substance, medical providers can still prescribe it for uses the FDA hasn’t specifically approved it for. There are no federal regulations in place for ketamine treatment clinics, leaving states in charge of creating their own laws and rules.
As a result, there are no broad, standardized safety practices for ketamine clinics in the U.S. The DEA does take action against harmful or negligent practices by ketamine providers, but its enforcement is largely reactive rather than preventative.
Ketamine Malpractice By the Numbers
Here are some statistics related to the U.S. ketamine therapy industry and some of the recent actions taken concerning psychiatric malpractice:
- While there were fewer than 100 ketamine clinics in the U.S. in 2015, that number grew to more than 1,500 by 2024.
- By 2025, the U.S. market for ketamine clinics was reportedly valued as high as $5.35 billion, with one analysis projecting that figure to nearly triple over the next decade.
- One ketamine clinic reported that fewer than 20% of its patients significantly responded to ketamine infusion therapy, significantly lower than numbers reported in clinical trials.
- In 2024, two St. Louis physicians were charged in one of the first federal criminal cases concerning a ketamine clinic.
- Later that year, two physicians and three others were indicted on charges stemming from the actor Matthew Perry’s ketamine overdose death.
How Do You Prove Medical Malpractice in Ketamine-Related Cases?
To prove medical malpractice, you must establish the following four key elements:
- The medical professional owed you a duty of care.
- The provider breached that duty by failing to meet the accepted professional standard of care.
- The provider’s breach of duty directly led to your injury.
- As a result of your injury, you suffered compensable damages.
In a ketamine malpractice case, a clinician would have breached their duty of care if they provided too high a dose, ignored a patient’s medical history when devising a care plan, or allowed an at-risk patient to self-dose.
As there are no federal legal standards for ketamine therapy, testimony from expert witnesses can be critical to establishing whether a medical provider breached the standard of care, which is vital to the success of your case.
You must file your lawsuit before the deadline imposed by the applicable statute of limitations for medical malpractice lawsuits in your state. Thus, it is crucial to consult an attorney as soon as possible so they can start building your case and ensure you file it on time.
Challenges Associated With Filing Ketamine-Assisted Cases
The dissociative effects of ketamine can harm a patient’s ability to remember the events surrounding specific treatments, which can make the victim’s testimony less reliable. Thus, medical documents are usually a key source of evidence for malpractice claims. However, since many ketamine clinics are largely unregulated, there may not be a significant paper trail surrounding your treatment.
However, the lack of documentation can sometimes work in your favor. If a clinic doesn’t have a record of obtaining your informed consent before beginning treatment, you may have a strong argument for malpractice.
What Evidence Is Needed in a Ketamine Malpractice Case?
Important types of evidence for ketamine malpractice claims can include:
- Treatment records and medical history documents
- Consent forms
- Testimony from witnesses and medical experts
- The clinic’s written policies and procedures, or lack thereof
What Compensation Can You Pursue If Affected By Ketamine Malpractice?
You can generally recover compensation for both the economic and non-economic damages resulting from a ketamine malpractice injury. Economic damages cover monetary losses like medical bills and lost wages, while non-economic damages compensate you for harms to your quality of life, such as emotional distress, pain and suffering, and loss of enjoyment of life.
Your state may also allow you to pursue punitive damages, which are issued to penalize particularly egregious behavior. However, they are generally only available in cases of severe intentional or reckless misconduct.
The value of your potential compensation will vary based on the specifics of your case, as well as the laws in your state. Hiring an experienced ketamine malpractice lawyer can help maximize your compensation. Speak with an experienced attorney before accepting any early settlement offers because such offers likely won’t cover the full extent of your losses.
What Should I Expect From My Ketamine Malpractice Case?
Our ketamine malpractice attorneys can handle every part of your case from start to finish. Here’s a step-by-step look at what we can do to help:
- Our lawyers will meet with you for a free consultation and case evaluation.
- We’ll review your medical records and consult with experts to build a strong case.
- We’ll send a notice of intent to the liable party.
- We’ll prepare and formally file your lawsuit.
- Your attorney will negotiate to secure a full and fair settlement.
- If litigation is necessary, our team will conduct discovery, take depositions, and request documents from the opposition to prepare your case for trial.
- If necessary, we’ll fight to win a jury verdict that provides the compensation you deserve.
Medical malpractice claims generally take from one to three years to resolve, or even longer. Thankfully, most cases settle before trial. Our trusted team can walk you through the potential timeline of your case and explain your legal options.
Get Legal Guidance Today for Ketamine Malpractice
If a negligent ketamine-assistance therapy provider has harmed you or a loved one, our team is ready to pursue justice for you. The sooner you get started on your case, the higher your chances are of a successful outcome—and you won’t pay any fees unless you win.
Contact us online or call (505) 391-8978 today for a free consultation with our compassionate, dedicated ketamine malpractice lawyers.
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