jshnyda
Member
Reged: 05/06/02
Posts: 174
Loc: Home of #14
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I have been taking 10/650 percocet(ebdocet) an a regular basis since July of '03 prescribed by my doctor to take three times a day. Since percocet is a schedule 2 medication I have to call his office, and go pick up a hand written script. Two months ago he said he had to see me for a visit before he could write anymore prescriptions. During the visit he told me to try to limit my intake of percocet two a maximum of two tablets a day, yet he still writes the script for #90 to be taken three times a day for insurance reasons. This is very nice of him to do, but my pain is so bad I still take three a day. I asked him if when I decided to stop taking the percocet if I would get sick. He assured me that if I lowered my dose day by day that i shouldn't have any problems. Well I have tried to only take two a day, and I feel sick and I have no energy. Hence, I still take 3 a day. Because my injury is related to a car accident I cannot find a pain specialist who will see me without written documentation that the other guys insurance will pay the bill. Well, the other guys insurance company ignores my phone calls, and when I do talk to someone they never do as I ask by calling the pain specialist. I am going to call a lawyer soon, hopefully that will give them a kick in the butt. Can I sue for pain and suffering, and maybe even sue for becoming dependant on opiates? Any help would be great.
Thanks,
Jeff
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night_shade
Threadhead
Reged: 08/26/03
Posts: 907
Loc: The State of Hockey
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The pain specialists should have a billing department who handles the insurance. They would probably need a PRIOR AUTHORIZATION from the other guy's insurance company before seeing you--but that is THEIR JOB, and not something you can personally do. Whomever told you that about a written guarantee was full of it. Try them again and speak to the business office.
I don't know the laws of your state, but pain and suffering isn't usually awarded in mine. It's NEVER awarded in work comp cases.
There will definitely come a time (very soon, most likley) where the other insurance company will make you go to an adverse exam by a doctor of their choice and proclaim you cured and refuse further medical bills. At that point you will have to move into litigation. An attorney will tell you the specifics. It might be worth retaining an attorney (as most do it on a contingency basis--meaning you pay nothing up front and they will keep usually 1/3 of any money they collect for you) right now.
If you are having trouble going from 3 to 2 Percocet a day, try cutting the Perc in quarters and reducing by 1/4 every week until you get down to 2 a day. In one month you should be down to 2 a day without much (if any) withdrawal.
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Never underestimate the predictability of stupidity.
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LumbarSpasm
Silent Chaos
Reged: 05/07/02
Posts: 1538
Loc: USA
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It sounds to me like reducing your intake of pain meds will leave you undermedicated.
See a lawyer.
Talk to your doctor and explain your need to maintain your current dosage of 3 a day and perhaps even speak to the doctor about increasing or changing to another med.
There is Oxycontin and Duragesic as options as well as other last acting meds.
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LumbarSpasm
Or just a pain in the butt?!
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night_shade
Threadhead
Reged: 08/26/03
Posts: 907
Loc: The State of Hockey
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Quote:
Can I sue for pain and suffering, and maybe even sue for becoming dependant on opiates?
I really hope you aren't SERIOUS about suing for becoming dependent on opiates?!? You HAD to have known the possible risks BEFORE you ever took a single pill. I strongly encourage you to put aside the visions of big dollar signs and think about the fact that each time a person sues a doctor for prescribing narcotics for pain, it makes it harder and harder for those of us who need them and are willing to become dependent to get our pain reduced and our lives back.
PLEASE RECONSIDER THIS IDEA!!!
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Never underestimate the predictability of stupidity.
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sam001
Journeyman
Reged: 02/03/04
Posts: 72
Loc: Nordstroms
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Jeff,
Sorry to hear of your pain. A lawyer may be able to help you with a settlement with the other guy's auto insurance. As far as suing the doc, please rethink that. He did prescribe percocet and then discussed tapering off. Consider seeing a pain management specialist. An attorney that specializes in auto accidents may have some suggestions as to who will see you related to the accident. Likely, there are some legal minds here that have better advice.
My 2 cents. Good luck.
Sam
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Packersfan
Stranger
Reged: 02/28/04
Posts: 23
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As a chronic pain sufferer myself and on Methadone via a local Pain Clinic, the words, "Can I sue because I'm dependent on opiates" makes my blood boil, and I've read this more than once on this board as well as Best if kept off the board.
I'm sick and tired of people looking to toss blame for their own actions. I was also the victim of a serious car accident years ago but it was an ACCIDENT (other person's fault and she was cited by the way), but accidents are exactly that.
I'm sick of the ambulance-chasing attorneys looking for people to make big bucks on.
The reason our Country has the Health Care Costs we do is because of FRIVOLOUS lawsuits, and this Country needs to start the European way of court systems. That is--if the judge deems your lawsuit to be frivolous, he not only throws your case out, but YOU pay all court costs and the defendant's costs as well--you are also fined for the nonsense!!!!
The word sue makes me cringe--and then people wonder WHY doc's won't prescribe?????
Read the above post and this is EXACTLY why they won't prescribe.
I'm personally livid right now.
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DAdrian
Newbie
Reged: 11/05/03
Posts: 36
Loc: California
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I was an insurance adjuster for 18 years and have handled probably hundreds of automobile injury cases. Most states will allow a claimant to recover money damages for pain and suffering unless you live in a "no-fault" state, but a local attorney could tell you that quickly. IMO, it would be very difficult, if not impossible to recover for becoming dependent on opiates, and looking for money for that will likely turn a jury against you.
The reason the "other guy's" company won't pay up front is that they need to settle the whole claim at once and get a release from you. This isn't playing dirty -- it's their job to protect their insured, just like your insurance company would do for you. That said, most personal injury attorneys work with doctors who will take the case on an assignment, meaning they get paid when you reach a settlement.
If you have auto insurance, check with your company to see if you have Medical Payments coverage. That will pay for treatment and medications that are related to your injury, for a period of anywhere from 1 - 3 years after the accident.
Sometimes people who have significant injuries need to file suit; that's what the system is there for. There's no excuse for the other party's company not responding to you because that's their job. Any decent attorney will try to get a settlement without litigation - this is also in your best interest because the "other guy's" insurance isn't required in most cases to pay the costs associated with bringing the lawsuit. In CA, attorneys generally take 1/3 of whatever you get until a certain point in the litigation; as it gets closer to trial the percentage can go as high as 50%.
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Devon :-)
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IMSUSCOT1
Threadhead
Reged: 10/23/02
Posts: 892
Loc: usa
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So sorry you're having so much difficulty...the problem with trying to see another specialist on the other person's auto insurance is two fold....if they've been paying all along, there are limits to the coverage on the policy....they will probably have to pre-certify...and the PM specialist may opt not to accept the insurance...as the Reasonable & Customary reimbursment rates may not be acceptable to them...do you have health insurance?
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IMSUSCOT1
Threadhead
Reged: 10/23/02
Posts: 892
Loc: usa
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Nightshade...thank you for pointing out an EXCELLENT observation.....
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IMSUSCOT1
Threadhead
Reged: 10/23/02
Posts: 892
Loc: usa
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Nightshade....and EXCELLENT OBSERVATION...take heed, all ye who enter here
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jshnyda
Member
Reged: 05/06/02
Posts: 174
Loc: Home of #14
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Thanks to everyone for making me feel like a money hungry A-hole. I have consulted a member of the board and I am going to taper myself completley off of Percocet. So don't worry!
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Greycie
Old Hand
Reged: 07/08/03
Posts: 466
Loc: Pacific NorthWest
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jshn, the only thing I have to comment on is the same thing one poster already mentioned- cut the percs into quarters and taper down that way if you want to taper. I take percocet also, but half your dose (i.e. my doc prescribes 5/325's) and it takes 10mgs to do the trick and I notice the difference taking 5 mg's less so I can't imagine taking 10 mg's less! Good luck!
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"I may not agree with what you say, but I will defend to the death your right to say it." - Voltaire
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