kimbell1
Enthusiast
Reged: 08/20/03
Posts: 274
Loc: Route 666, Painville, Texas 6...
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Here is an interesting thought. If you have documented, legitimate pain and a doctor knowingly either gives you a drug that won't likely work or under-prescribes pain killers, does that doctor commit mal-practice?
I know that there is a war going on now between the DEA and doctors who prescribe pain killers and tranquilizers. The DEA watches to make sure that the doctor does not over-prescribe which leaves the doctor in a dilemma. Should they under-prescribe or prescribe worthless drugs that MAY help and are not controlled but probably won't work. Or do they risk DEA notice and adequately prescribe what they know will work in appropriate amounts.
Of course people who have a painful, chronic , documented condition should be made comfortable with the medications available even if they are addicting. It's a shame that the drugs that work are addicting but that's the Catch 22.
I think at some point, there will be lawsuits charging that a doctor knowingly didn't prescribe because he/she was in fear of losing their licence.
I am not anti doctor-I AM anti DEA. They have no business putting both doctors and patients who already have enough to worry about under DEA's questionable practices.
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Paranoia is just hightened awareness.
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platinum79
Journeyman
Reged: 08/05/03
Posts: 97
Loc: United States
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No, unfortunately, he/she will always have the addicts to fall back on as an excuse!
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yawkaw3
Pooh-Bah
Reged: 03/22/03
Posts: 1193
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Just because you have documents proving your pain does not mean the doctor is in any way obligated to give you anything at all other than a bill. (S)he will treat you as they see fit.
The only way you'd have a case if you could actually prove the doctor put you in pain (i.e. surgery without adequate anesthesia, knowingly gave you medicine that would intentionally cause pain, etc.).
Just because a lawyer is willing to take a case does not mean you have a case at all!
There is no law specifying that you are entitled to narcotics for pain relief, unfortunately.
This is just a tip, but if you're not getting the relief your sense of entitlement tells you you're worthy of, then maybe you need to work on your approach...
-yawkaw
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ttrr
Journeyman
Reged: 02/27/03
Posts: 99
Loc: West Coast
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There may not be a law requiring narcotics for severe pain but there is a law requiring doctors to provide a reasonable standard of care -- which may, in some circumstances, dictate such a rx. You may have a case. Depends upon the circumstances, the particular injury and medical community and (like it or not) your credibility.
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J_Drei
Journeyman
Reged: 10/06/02
Posts: 85
Loc: Wash DC area
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There was a case in CA maybe about two years ago where the patients family sued the dr for lack of adequate pain treatment. They won quite a large sum of money on behalf of their son who had passed away at that point. I beleive it was in the Bay Area, more specifically Berkeley, but I'm fuzzy on details.
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Jeremiah
Agape GrandParent
Reged: 07/14/02
Posts: 705
Loc: U.S.A.
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Kimbell
Yes,it is my understanding of the law,you can sue for undertreated pain via the "Pain Relief Act". Also, if your state has "Intractable Pain Statutes". There are a few states that do not have a Pain Act.
State Intractable Pain Statutes and the Pain Relief Act
Good Luck.
J.
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I can't see me lovin nobody but you,for all my life
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Jeremiah
Agape GrandParent
Reged: 07/14/02
Posts: 705
Loc: U.S.A.
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* What is medical malpractice?
Medical malpractice is negligence committed by a professional health care providera doctor, nurse, dentist, technician, hospital, or hospital workerwhose performance of duties deviates from a Standard of Practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence-that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. The prescribed standard of medical care may vary from state to state. Because Health care providers cannot guarantee the results of medical treatment, a patient`s malpractice claim is not valid just because his or her treatment was not successful. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient`s condition. Each state has a law, known as the statute of limitations, which gives you a certain amount of time in which you can file a claim. The purpose of the statute is to ensure that a claim is made while information relevant to the case is still available. If you think that you are the victim of medical malpractice, you should consult an attorney who is knowledgeable in medical malpractice cases.
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I can't see me lovin nobody but you,for all my life
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zorg
Veteran
Reged: 04/29/02
Posts: 559
Loc: Midwest
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yawkaw: you're wrong, and I can prove it. Due to the entitlement comment I'm not going to spend time pasting in the relevant sections of the Illinois legislation where I am filing suit against two physicians. By the way, narcotic isn't even a staple in the case, it only addresses "that which is adequate". I'd eat horse sh1t if it made me comfortable, so you're leaping to conclusions.
Are you becoming indoctrinated by your schooling ALREADY ?
Your logic dictates my approach is flawed, but you're wrong, my approach is that of an honest patient who doesn't ask for specific drugs.
I'm stunned you have dismissed the entire pain crisis in one fell swoop, how can you even make claims like that with a good conscience ? That's akin to calling people in pain "wimps" or "frauds". Not that you'll care, but I certainly wouldn't schedule an appt. with you knowing your feelings about people in pain.
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zorg
Veteran
Reged: 04/29/02
Posts: 559
Loc: Midwest
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Here's an excerpt that takes the first major step in precedent in IL law, opposite of that which you claim and even cast judgement upon:
(410 ILCS 50/3)
Sec. 3. The following rights are hereby established:
(a) The right of each patient to care consistent with sound nursing
and medical practices, to be informed of the name of the physician
responsible for coordinating his or her care, to receive information
concerning his or her condition and proposed treatment, to refuse any
treatment to the extent permitted by law, and to privacy and
confidentiality of records except as otherwise provided by law.
Good luck finding a panel of experts that will testify that allowing someone to leave a clinic in writhing and blinding pain is good medical practice. They're out there, but they're paid by counsel to say what's best for the defense, and any jury would not favor such a cold-hearted application of healthcare given the amount of compounds available to bring someone's pain under control.
No offense but you'd better brush up on your legal studies if your practice is to endure for any reasonable period of time.
Every state has statute to this wording and usually even stronger.
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