Friends and family suggest I get a lawyer to sue my doctor

[Jrasted79]

This isn't quite a disability question, although I do believe that this situation make work against me when it comes time for my hearing.

I have been on painkillers for 4 years. I'm on a very low dose compared to years before.

Two months ago I saw my PCP for my refills of my pain meds and other meds. He had me on 60 mg of kadian (morphine extended release) and 4- 5mg percocet a day. When I left I had noticed he cut the percocet in half and even my pharmacist called to make sure it wasn't a mistake. The office said the doctor was cutting every patients meds in half. I had been telling him the prior months that I was not feeling much relief and asked if we could change things, not necessarily an increase but maybe a different med. Please keep in mind that he did not discuss the change with me at all.

The next month (a week ago) he took me off the kadian cold turkey and put me back at 4-5mg percocet a day. That wasn't enough so I am still going through withdrawal. His reason for taking me off the kadian is because with all the new people getting medi-cal they are coming in trying to get pain meds, so he's not going to give them at all.

Along with MS I have some serious lower back problems that require surgery but it's so invasive I'm scared and also I'm a single mom with no support structure to care for me after surgery. So I can't really have it even if I weren't scared.

Now I've been in so much pain and all this is during my last three weeks of school. I'm failing 3 out of four classes although I'm trying my very best and I use grant money to survive so this is messing with my livelihood.

What I'm most upset about is he is treating me based upon other people and not based upon my issues as an individual. Is this right? Can he legally do this? He also spent my entire visit last week about all these new patients who want pain meds. I've been with this guy for almost two years.

Whenever I try to tell him about anything he says save it for your neuro even when my appt wasn't scheduled for 6 months and they couldn't get me in sooner because I was a new patient. Where I live there are only two clinics that take state medical and neither of them will prescribe pain meds.

I live in a small desert town where a majority of the people out here are disabled or elderly. They move out here cuz it's cheap. That's why they have so many people who need medication. I guess they probably just assume cuz I'm young that I'm a druggy but they don't have to see me cry every night out of pain just trying to get through 3 hours of school.

Is there really any reason to talk to a lawyer about this? I feel like it's a lost cause

[Kimba22]

Hi Jrasted79,

I'm so sorry your doctor is reducing your pain meds, and now you are in so much pain. I'm also very sorry to hear about school. Where I live, most PCP's refer you to a pain management clinic for chronic pain. I don't know if that would be an option for you, and from where you said you live, not a very close one. That's where I believe you'll need to go next.

In regards to medical malpractice, you must be able to prove you were harmed by a doctor's mistake or failure to act. This is a long, and difficult process. If you think you have a case, you can always talk to some lawyers. After a few phone consultations, you will get a feel about what they think. If any of them agree to look at your case, after reviewing your medical records they will let you know if they think it is a strong enough case for them to pursue. Lawyers are very particular about the cases they take on because they risk losing money if they don't win.

According to lawyers.com:

Do I Have a Medical Malpractice Case?

Like many other people, you may think you have a medical malpractice lawsuit if your doctor makes a mistake while treating you. This may or not be true. The truth is, there's a lot more to a medical malpractice case than a patient getting hurt. The key factors involve showing or proving:

A doctor or another medical professional made a mistake, and
You were harmed by that mistake

Usually, any malpractice case is a long and complicated legal matter because it's not always fast or easy to prove those two things.

Please read more here: http://medical-malpractice.lawyers.c...tice-case.html

Each state has a statute of limitations, and many have caps on the amounts that can be awarded for damages. Here's another link for you: http://www.attorneys.com/medical-mal...ce-law-basics/

Best wishes,

[Jrasted79]

Thanks,

Ya I figured there's no case. I mean you can't sue a doc for being an overworked, insensitive, ****** lol. There are no pain clinics in my county that take medi-cal so if you are in pain you are screwed. Although he's been my doc for quite awhile he doesn't know me or my situation. He spends 5 minutes or less with his patients. He sees 70-80 patients daily. It's a small town with few docs who take state funded insurance. I guess I don't have the right to at least have some sort of comfort or have medications that help me get up and be a functional parent. It's sad

[rdmc]

Sorry about your pain med predicament.

There evidently are new "rules" that are now in existence regarding prescribing pain meds. I don't know if this is a federal issue, or a state issue. I do know several people that have been impacted by the new protocol.

Have you considered finding a pain management doctor? I think they are more likely to give the right pain meds. Cutting you off cold turkey may not be malpractice, but it does seem dangerous.

In my situation, I don't need to take many pain meds...I used to have more pain before my baclofen pump, but I still have quite a bit of facial/tongue/shoulder pain. Not neuropathy, just good old fashioned pain from spasm.

I take Lortab, and I take a small dosage because it's too sedating to use while working, so I take it 1/2 pill at a time. Always in the past, I'd get a script for pain meds, and then use them as needed...the script would usually last 4 months because I would only use it 2 times a day (well actually it was one pill cut in half.) They would put a refill on the bottle, so I'd be good to go for about 8 months before I needed another Rx.

What has happened is the drugs that were Schedule 3 (Vicodin, Lortab) are now Schedule 2. Schedule 3 drugs could be called into a pharmacy and refills were allowed. Now since Lortab has become a Schedule 2, no refills allowed and you have to show up at the office once a month to pick up a paper prescription.

When this happened to me, I thought it must be my doctor's new policy, but have since found out that many of my friends that take a pain med are running into the same thing. So the move to Schedule 2 for Lortab and Vicodin is on a federal level.

I questioned my doctor about the new "rules" and he said he would prefer to have the old way back, but it's not going to happen. These new rules mean he has to see more patients (the ones in the past that he would just have called in a refill for.)

Basically they're treating a person who takes a pain med because of legitimate illness and pain the same as they'd treat a drug seeker. Bureaucracy in action, on the other hand, it probably takes some of the decision making from the GP when having to decide who's a drug seeker and who has legitimate pain. I think the whole deal is unnecessary because a doctor can say "no" to a patient who he feels is a drug seeker.

In Florida,we've had a whole industry spin off the previous pain med dispensing rules, and there were/are so called "Pain Clinics" where the doctor does nothing but prescribe pain meds. Pay him his fee (which I think was around $150 ) and you'll get a script for pain meds, whether you need them or not. So there was a legitimate reason to try to rein in these pain clinics. Unfortunately it's affected those folks who legitimately use/need pain pills.

[Kimba22]

What has happened is the drugs that were Schedule 3 (Vicodin, Lortab) are now Schedule 2. Schedule 3 drugs could be called into a pharmacy and refills were allowed.

Hi rdmc,

I did not know anything about this, so thanks for sharing. The FDA proposed this classification last October. http://www.fda.gov/drugs/drugsafety/ucm372089.htm. A notice by the DEA of this proposed rule change came out February 27, 2014. http://www.deadiversion.usdoj.gov/fe...014/fr0227.htm. I don't think this decision is final yet, but would guess it will be in the very near future.

My assumption is doctors are already changing how they prescribe these drugs, as the official reclassification will happen at any time. I did read there are those who plan to fight it, but doubt that will change anything. It is going to be challenging for the legitimate patients who have taken these drugs on a regular basis to control their chronic pain.

I do understand doctors' apprehensions for prescribing too many Schedule 2 drugs. Years ago, the first doctor I ever saw for pain management prescribed a Schedule 2 drug for me. I'd like to believe his only intentions were to help me, as I'd been dealing with uncontrolled pain for a few years. I saw him for several months (maybe even close to a year), until I found a pain management clinic that was closer to me.

There was another patient who I met there very early on, who I actually saw there more than once, who suffered from TN (first time I'd ever heard of trigeminal neuralgia). Turns out he runs the TNA support group for this region (affiliated with the National TNA). He knew that TN also presents itself in MS and invited me to attend their meeting. I've never gone because I've never had TN (definitely thank God for that), but still receive a periodic e-mail from him about the meetings to this day. He had told me at the time that this doctor was the only one who had helped control his pain.

I believe this doctor did want to help legitimate patients, but he started writing way too many prescriptions for both hydrocodone and Schedule 2 drugs and the DEA caught up with him. His DEA license got suspended (I was no longer seeing him by that time). His practice was shut down for 6 months. Something else kind of sad came out of the investigation, but here that same doctor had actually gotten hooked on a narcotic himself. He was required to go into treatment in order to get his license reinstated. The things you find out ....

Legitimate patients or not, there is that risk doctors carry if they start to raise too many red flags. I believe that's why most doctor's around here, at least, will send you to someone who specializes in pain management for chronic pain.

[onlyairfare]

Kimba I think you have nailed exactly the reasons doctors no longer wish to prescribe pain meds; it has just become too risky and too litiginous.

In recent years there have been more drug overdose deaths from prescription drugs than from street drugs. Last year there were more deaths from prescription drug overdose than from automobile accidents. This is perceived as the fault of the prescribing physician rather than the fault of the person who abuses, so the rules have been tightened.

Not only is there the proposal to make hydrocodone, a schedule 3 drug, require a paper rx just like schedule 2 oxycodone, but now the "standard of care" is to have doctor and patient sign lengthy pain contracts, have pill counts and urine drug screens at every visit, and check the state drug use registry (if the state has one) at every visit. This is all time consuming and a very tedious demand on doctors' time.

Then you have patients who feel that their pain is "real" while others' is not, and therefore they are being discriminated against by these regulatory requirements. Either way, unfair discrimination or the doc caused the patient's OD death and is liable, the doctor faces risky law suits.

It is easier and fairer for most doctors nowadays to simply declare they will not write those prescriptions at all. The patients are just referred to a pain clinic. Inconvenient for patients, but better than having the doctor's office shut down for weeks or months while the DEA investigates.

I can only suppose that the politicians and government bureaucrats who make these laws and regs either 1) do not have pain problems themselves or in their family, or 2) their own doctors cut them a break because of their political and regulatory power.

It is getting very difficult for patients in pain to get the treatment they need.

[MSW1963]

Jrasted79, I'm so sorry about your pain and rx problems. I stopped taking pain meds about 2yrs ago because of an error made by a Pain Clinic nurse. That's when I realized the significience of the new protocols associated with pain meds, patient contracts, and patient as possible criminal. I wanted no association with any of it at all, or paying the high cost for the 'privilage'.

I have some opinions about the current rx pain med situation, possiblity of legalizing MJ and the DEA job security.

Some of it has to do with the favorable public opinion for legalization of MJ, and states increasing need to cash in on the tax revenue potential from legalized MJ. Increased pain med regulation absorbing the huge 'hit' to DEA job security and budgets with legal MJ.

The need to reduce cost of US prison populations, a sizible portion of which are populated with non violent drug offenders.

The consequences of the prison privitization gravy train that has been gradually exposed to the public, probably due to the increased strain on state budgets.

DEA would be significiently reduced in size as states move to legalization of MJ, and if/when there's Federal legalization. Preserving the DEA is a huge part of making more rx'ed medications regulated by DEA. I think of it as DEA job security.

There's also the long standing problem of over rx'ing pain meds, the Pill Mill problem.

I also see the oposing forces and contridictions. Pain clinics that require monthly drug testing, adding to cost, when US is finding it more difficult to meet the increasing cost of health care. Trend of GP's transitioning to 'Pain Management Specialist', a higher paying profession versus GP, some with additional revenue stream because they own the drug testing labs, billable to the patient, insured or not.

The increasing trend to legalize MJ, at the same time we see increased regulation of legitemate medical rx'es. I' curious how long before our prison population will consist of the legitemately sick, too expensive to treat patients?

Hope this makes some sense. Sorry it's a redundant, and rambling rant.

[fishead]

Haven't read everything posted, but read first part of yours Jrasted. Here is a little anecdote for you to consider

A few months after my MS diagnosis, I had obtained a new job and was in the process of leaving my (then) current one. (after my diagnosis, this job was h3ll and I was given nothing but cruel jabs) BEFORE my last day I was summoned to my directors office where I was lambasted about a few issues. They THEN asked me to leave immediately after I left that office. blah blah blah blah..... My family and my partner begged me to get a lawyer and sue. It probably would have been an easy case for any lawyer to win. HOWEVER ,(and here is where you may take away some pearls-of-wisdom) I thought about it and decided that I did not want to sue, because of this single issue=if I were to go to court, I would probably end up in a very nasty "flare".

So do what you feel is the best thing for you!

Also know that narcotics in this country (USA) are getting scrutinized heavily and ALL Dr.'s are getting skiddish about prescribing any pain med.

[MSW1963]

The lambasting would probably be your word against their's, which usually isn't the best evidence in a court case for wrongfull termination of employment.

As for escorting you to the door the day before your final work day, there are employers who use the stratagy to avoid possible revenge executed last work day by a disgrunteled employee.

It's insulting, but is becoming SOP in many organizations particularly if there is any dispute involved.

As long as you are paid for the full 2 week notice period, you can be discharged by your employer anytime before the 2 weeks is up, escorted by security out of the building and humilated, but there's nothing illegal, and in 'right to work' states, expect it if there were any work place issues prior to giving a 2wk notice.

Sorry the thread is getting far off tipic, but for Medical Malpractice, you would have to prove any loss to you as a result of doc reducing your pain meds. Patients already dx'ed with a chronic illness might be hard to prove you suffered a long term 'loss' that couldn't be attributed to your pre-existing MS.

Your reputation could also be dragged through the dirt, presenting you as a 'drug seeking addict', regardless of how untrue or false that might be.

It's always best, even if only for appearences to 'make nice and play well with others', even if it makes you nauseous. It's the most effective stratagy available to protect yourself in the workplace to the best of your ability. There's just no excaping it, sometimes employers play dirty.

[Jules A]

Based on the huge percentages of people whose lives are being wasted away by addiction to prescription medications I appreciate the increased regulations and will continue to point out that opiate therapy over the long term has not been showed to improve function.

If a provider clearly documents they have educated the patient on the target, risks, benefits and alternatives it would be unlikely they could be considered negligent. There are no laws that require providers to prescribe certain medications.

The good news is that opiate withdrawal although very uncomfortable normally lasts just a few days and is rarely a medical emergency.

[Thinkimjob]

You've got next to no hope of winning. Governments change their collective mind, and people who through no fault of their own have become dependent on prescription drugs are hung out to dry.

There's no shame in it.

A lot of it has to do with illegal drugs. You've watched Breaking Bad no doubt. They need pseudoephedrine to 'cook' their crystal, so the rest of us can't buy cold and flu tablets with that in them anymore.

Then there's oxycodone etc. This stuff, and Xanax, and any number of prescription drugs are worth a lot of money on the 'street'. Some doctors have been happy to write the scripts without question.
Some doctors have become addicts themselves.

It sounds like you live a long way from a pain management centre. Is the pain worse than the sudden withdrawal of meds? In either case, ask your doctor for some help.

[putterfit58]

Just a different thought

From what you said this Dr. is seeing way too many patients each day and because of this he is unable to give them the necessary time to fully understand their issues. My guess is that he is either working off notes that were made when you made your appointment or ones from when you checked in.

Somehow you need to get his attention. Do you know if he has a website, if so does it list an email address to allow you to contact his office? If there is one, then I suggest that you write the Dr. a short note fully explaining your issues. Do so in an open and honest manor remembering that you catch more flies with honey than vinegar.

If that is not an option then write the same type of note to give to the person you check in with. Remembering that he has very little time do this one in bullet point format highlighting the most important points.

Mike

[gomer]

Pain drug issues are nothing new to me.

My fam doc has long had a policy of limited pain Rx. He even has standing orders with local clinics they are not to Rx more than 3 days worth. On the other hand my fam doc orders NO REFILLS on ALL my meds, not just pain killers. I think the only exception was my insulins (diabetic), but I have been going to the local hospital run diabetes center for many years and no Rx issues there.

One time I went to the walk-in clinic and the doc could see I was in pain and Rx'd a weeks worth despite my fam docs standing orders (for ALL HIS patients).

Another time the walk-in doc was sure or at least suspected I was just seeking drugs. He had me wait (in pain) for over half an hour for what I was told would be a pain SHOT, not an Rx. He was expecting me to leave instead of waiting & getting a SHOT. Well I waited and waited, did not run for the exit...the nurse came with a Rx for pain pills.

So easy to punish the masses for the wrongs of a few...

Gomer