the way I see it , I told him I was going to sue him for neglect, I am entitled to a life of quality and I am being robbed of it. I have been on 150mg. Methadone, 120mg. of Oxycontin and 100mg. Fentyal patch wich I stopped and fired a Dr. for putting me on MS Contin without discussing it with me,it made me feel drunk. Iam so damn sick of Dr's thinking they are God Almighty, they work for us WE hire and PAY them.Does anyone agree with me? I wanted a 10 day supply of Percocet because I fell and cracked a rib. I have severe degenerative disc disease, chronic tendionits, blah, blah.
It's nearly impossible to sue a doctor under those circumstances. When I had my accident, I was taken to the nearest hospital. I was then transfered to their sister hospital because I had an unstable burst fracture and needed surgery because my spinal cord was 80% compressed from the bone fragments. He (ortho surgeon) was so intimidated by these fractures, he fitted me with a brace, controlled my pain (barely) for 7 days and sent me home in "stable" condition. When I was able to get in to see my regular spine doc (was under his care for months prior to my accident for a condition like yours) he took one look at the cat scan and had me go immediately to his hospital for emergency surgery. I tried to log a complaint against the surgeon who left me suffer and compromised my spinal cord but technically I was in stable condition when discharged. My VITALS were stable, not my spinal fractures. But docs tend to protect each other.
My surgeon told me to be grateful that surgeon DIDN'T do the surgery. He had no experience with such severe fractures. Even my surgeon said he never dealt with burst fractures of this magnitude and tried to get a University hospital to take me and they wouldn't. But all my surgeon does is spine surgery as opposed to orthopedic surgeons who operate on all different bones. Bottom line is it's a judgement call on their part. In my case, if I had ended up paralyzed, then maybe I would have a case. It's amazing what some of these docs get away with.
My 78 year old mother-in-law walked around on a broken hip after her ortho pinned her hip incorrectly and the pins didn't hold. She was in excruciating pain. The doctor implied that she was just a pain medication junkie. We were furious and told her story to at last five attorneys. None of them would touch the case because they cited: "it was a doctor's call" - whatever that means. It has be to a very blatant awful malpractice on the doctor's part that causes continuous pain and suffering for an attorney to be interested. Sad, but seems to be true.
I hope you are able to receive pain relief soon.
I've been in your position before, I have added you as a friend, if you want I'll share with you what happened to me, and the amount of money I wasted trying to get some justice, much too long to post here. I'd be happy to compare notes with you anytime, even if it's just to vent.
I know exactly how you're feeling. You can send me a private question anytime you want, and i will answer you asap. God Bless, and I am wishing you as pain free days as possible.
Very frustrating i have to agree with all of you dont ever give the doctors a chance to talk cause they need to listen and know how we feel i always talk over them. Im so fed up with them thinking they run the efing show every time they try to lie to me i hit them with the truth i dont care how pissed off they get. I feel like i can always tell if the doctor is going to be a d**k or be helpful to me! girl i pray for you and hope you find a helpful doctor s**t if i were you i would shop around and find a sweet doctor i did. Good luck!
I agree you should be able to but like others here we have found it is almost impossible to sue a doctor for neglect/malpractice over "choices/opinions" that they have made.
I had been going to the same pain management place for around 7yrs when I went in and saw a doctor that wasn't my own for the 1st time. I had been getting my scripts with NO problems at all until August 1st last year passing all my urine screens that check for levels of meds in your system along with illegal drugs.
This doctor (the owner of several pm clinics in my state) never examined me, nor took any vitals and just ripped up my already written scripts in front of my face saying I didn't have the disease they had been treating me for all that time. I even remained calm asking him to at least examine me, run any tests known to man, look at my medical records that dated back to the day of the injury that caused RSD. He refused letting me leave with NO prescriptions which put me into severe withdrawals.
I even asked my atty if he could be sued for prescribing me (as the owner) these strong meds all these years only to say that I didn't have a chronic pain disease with no cure. I only prayed that it could have been proven that I didn't have a disease I didn't want to begin with but it had been proven more than once 10yrs prior to this issue.
I called my atty who is a great one. He said there was nothing I could do but file a complaint with the state medical board. He said there was NO way to sue this doctor even though he agreed this doctor caused me harm.
I don't think unless someone ends up paralyzed or dead will most attys even try to fight a case with any doctors.
I would highly recommend that you realize it's time to find a different doctor as your only recourse. That is what I had to do and it took almost 9mos to do so because I have only Medicare.
Some PM doctors are not like other doctors at all. It is as if they have no ethics, treat everyone like a drug seeker, and they do harm all the time with no punishment. I said about the last place I went to; it's more like they took a Hypocrite oath vs a Hippocratic one.
In saying that, there are a few good ones out there also. The one who 1st diagnosed me I went back to. He said I no longer belonged in pm as I was a "medication management patient only" and now I see an Internal Medicine doctor who is knowledgeable about my disease and treats me better than any doctor except my 1st pain doctor.
I wish you the best in finding a new doctor that does care.
it is hard to sue a doctor !i know i have had many surgeries and mesh put in during hernia surgery and they have recalled that mesh saying it had cause hernia's due to failing to hold things back! causing u to have another hernia surgery. anyway i had a lawyer call me from ny who added me to a law suite .they called yesterday for the first time in 3 years .likely i don't stand a chance of recieving any justice !
also i was put on meth. to control pain and i had to visit er and doc comes in and says go home junkie and take a pill and u will be ok !!! boy did i get in that doc's face i let him know i wasn't a junkie and was on meth . to control pain and they sent me home with out checking me out ! i was back at er next night and was admitted to hospital due to kiddney infection! but i couldn't do nothing but complain on this doc!i thought even if u were a junkie u had the right to be seen by a doctor !there could be something wrong with u besides being a junkie ,the won't know if the don't look at u as someone who is sick!
When I was on Worker's Comp I had a rehab nurse who managed my case and actually went to appts with me. She was wonderful and I received excellent care without being pegged as a pill seeker. After I settled my case I discovered that most doctors are more concerned with malpractice suits and insurance regulations than the patient sitting in agony before them. I too used to think highly of doctors but now I realize they are just as flawed an prejudiced as the next person. My hope is now that medical records are going to be instantly available via the internet we won't have to repeat our history to every place we go and will be respected as people in pain simply looking for a decent quality of life.
As far as suing goes... I went to a pain doc... not the one I that refused my case because he said he couldn't "cure" me of my diseases that as yet have no cure... but one I found in the phone book. I had to sign a pain contract and do the urine test but as far as an exam... what a joke! He tested my reflexes and on my second visit finally gave me avinza for 24 hour pain management and tramadol and valium for breakthrough pain. My last appt I went in and told them I had just been in a car accident and went to the ER for x-rays and a CAT scan... mainly because I have serious disc compression in my neck and back. WOW... when they heard accident they got all excited and said now they could schedule all kinds of tests and therapy and massage, etc. I realized that if the doctor was truly legit he would have done all those things already and I haven't gone back. Not grounds for a suit but I should definitely notify the AMA.
As far as a truly involved doctor goes, I had a urologist that "fired" me from the practice because I missed 4 appts. I was angry but realized they felt they could not treat me if I was not compliant. 5 years later and I'm back seeing the same doctor and his wife now works with him as an ARNP. They couldn't believe it when I told them about the "firing". Apparently it was an overzealous office manager that did it.
I wouldn't focus on trying to sue... your entire life would become an open book and you would probably have a difficult time trying to find a doctor willing to treat you. I hope you are able to find someone with compassion and an open mind. The advice to remain calm is all important... so is honesty and I found I had to first be honest with myself first. Best of luck to you... my wish is for an invention that would allow a patient to put their hand in the doctor's hand and for the doctor to feel exactly what we feel long enough to be able to understand what we feel and treat us accordingly. I wouldn't wish my problems on anyone else... but about an hour of feeling what we feel would revolutionize medicine!
That is an interesting premise - suing for neglect.
I agree, that it should be against the hippocratic oath to let someone suffer when you know they are in pain. Doctors should always tell you about the medications they prescribe but usually don't, partly because they are rushed or don't have the knowledge. I have always needed to do my own research to find out about contraindications and side effects, etc.
My MIL had her hip pinned by a so-called ortho and he kept telling her that she was a baby afterwards and no more pain meds for her. After we went to another doctor he discovered that the pins in her hip had failed and she was actually walking around on a broken hip. We thought it was obvious - the medical malpractice, but three different attorneys said it was "a doctor's call". It is very hard to sue doctors even when they are guilty of very bad medical care.
My son died as the result of taking his medication as prescribed. Methadone can cause heart arythmias and we can only guess that he was one of the many people who have died due to the long half-life and/or heart problems that methadone can cause. He only had the prescribed medications in his system. The doctor had also prescribed Restoril and Soma. I've read that the combination of the three can be deadly also.
I take Opana ER and have found it somewhat helpful for chronic pain. Unfortunately nothing takes away all of the pain. I wish I didn't feel the need for any pain relief. Take care. Val
I understand completely how frustrated you are, I've been there, done that, more times than I care to even think about, it is so impossible to to even get an attorney to take cases such as this, it's down right "scary"~ You are not alone in your plight for justice, many folks have traveled this road you're on now.
Don't let them get to you~ I know it is easier said than done, however, I hope you can find or already have a doctor you know and trust, and can keep you as pain free as humanly possible, I have one I really am lucky to be in the care of right now, I would have to follow her to then ends of earth should she ever decide to take up her practice elsewhere, Compassionate doctors are so hard to find, let alone a doctor who will treat you with some respect that you so well deserve. Hang tough, my prayers are with you, it may seem a little comfort when you're so angry right now, but someone, including myself is always here for you, to vent, ask for help or "whatever". I wish you all the best my friend. Take care, and God Bless! midwestma
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