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  1. #1

    Default Physicians or Drug Dealers

    My question involves medical malpractice in the state of: IL

    I have a question. I know an individual who is being prescribed pain relivers and muscle relaxers for at least 3 years now for a back injury. This indvidual has had 3 back surgeries in the last two years. A microdiscectomy, discectomy, and a spinal fusion.

    Although I'm certain that the prolonged time factor helped formed the addiction by 90%, nonetheless this indvidual is now addicted to prescription medication. The orthopaedic and primary care physcian have been notified on several occasions about the abuse of the medication -- however the medication is still prescribed.

    Individuals have expressed their concern to the prescribing parties personally, via written letter -- and at one point the individual with the problem even consented to signing a written letter acknowledging the problem and asking to be "cut off" of anything habit forming so to speak. Still the medication is being prescribed, and the physicans are taking a non-involved approach.

    I don't know what to do, but watching this individual suffer is not an option. It is so difficult because although the medications are not being taken as prescribed, they are continuously being given to an individual with an addiction. What can be done?

    I've contemplated calling a lawyer, contacting the IL Department of Professional Regulations, as well as having one last pow-wow with the physicans. I wish that this individual could be "black listed" at pharmicies -- so the medication will no longer be prescribed, but I don't know how to go about doing so. Any advice would be helpful. I'm more interested in helping rehabilitate this individual other than filing a lawsuit, but whatever works -- I'm willing to do.

    Thanks!

  2. #2
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    Default Re: Physicans or Drug Dealers

    Quote Quoting InNeedofSupport
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    My question involves medical malpractice in the state of: IL

    I have a question. I know an individual who is being prescribed pain relivers and muscle relaxers for at least 3 years now for a back injury. This indvidual has had 3 back surgeries in the last two years. A microdiscectomy, discectomy, and a spinal fusion.

    Although I'm certain that the prolonged time factor helped formed the addiction by 90%, nonetheless this indvidual is now addicted to prescription medication. The orthopaedic and primary care physcian have been notified on several occasions about the abuse of the medication -- however the medication is still prescribed.

    Individuals have expressed their concern to the prescribing parties personally, via written letter -- and at one point the individual with the problem even consented to signing a written letter acknowledging the problem and asking to be "cut off" of anything habit forming so to speak. Still the medication is being prescribed, and the physicans are taking a non-involved approach.

    I don't know what to do, but watching this individual suffer is not an option. It is so difficult because although the medications are not being taken as prescribed, they are continuously being given to an individual with an addiction. What can be done?

    I've contemplated calling a lawyer, contacting the IL Department of Professional Regulations, as well as having one last pow-wow with the physicans. I wish that this individual could be "black listed" at pharmicies -- so the medication will no longer be prescribed, but I don't know how to go about doing so. Any advice would be helpful. I'm more interested in helping rehabilitate this individual other than filing a lawsuit, but whatever works -- I'm willing to do.

    Thanks!


    How are you involved in this?

    Do you have POA? Are you the patient's legal guardian?

  3. #3

    Default Re: Physicans or Drug Dealers

    No -- I'm not a POA or the patient's legal guardian. The patient is an adult -- an individual very dear and close to me. Any other connection is inconsequential. I have ample influence over assisting the individual and persuading the individual to receive treatment. My question is about fighting addiction, and first -- having the individual "cut off" so temptation is not a factor. Treatment afterward would be a definite.

    Any advice regarding my question would be appreciated. My involvement is not something I need advice regarding. Thank you.

  4. #4
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    Default Re: Physicans or Drug Dealers

    Quote Quoting InNeedofSupport
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    No -- I'm not a POA or the patient's legal guardian. The patient is an adult -- an individual very dear and close to me. Any other connection is inconsequential. I have ample influence over assisting the individual and persuading the individual to receive treatment. My question is about fighting addiction, and first -- having the individual "cut off" so temptation is not a factor. Treatment afterward would be a definite.


    The connection - or lack thereof in this case - is actually very important.

    Because you have no legal right to speak with any of the patient's providers; in fact if they were to share any information with you without the patient's express permission they would be breaking the law themselves.

    If you have that much influence, perhaps rehab would be an option. Or alternate pain relief treatments.

    This is, legally, not your business. By all means make a phone call and report your concerns - but you cannot compel or force either the pharmacy or the providers to stop prescribing what they think is a legitimate course of treatment.

    If the patient genuinely wants to get off the painkillers, the patient must be the one to have that conversation with the providers.

    "Cutting off" isn't going to work, either. That would actually be quite dangerous.

  5. #5

    Default Re: Physicans or Drug Dealers

    Again... the patient wrote and signed a letter regarding the addiction; meaning there was a written request to cease being prescribed habit forming prescription pills from the patient -- sent to the physicians. My influence saw to that letter. My involvement or power is not of my concern. I can gain support from the individual to any extent. My reason for the post is combating addiction of prescription medication starting with the prescribing parties. I understand the withdrawl factors, again that's not my question.

    If you would like to be of any assistance, you can comment on what a patient willing to rehabilitate would do in order to secure their success. Obviously when speaking of addiction, relapse is probable. Before in-- or outpatient rehabilitation, the prescribing parties would need to come to a consensus and identify that there is a problem. If a written signed request does not work -- do you have suggestions?

    I don't mean to be combative, but you're seemingly really not even trying to be remotely responsive to the question I've asked.

  6. #6
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    Default Re: Physicans or Drug Dealers

    Quote Quoting InNeedofSupport
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    Again... the patient wrote and signed a letter regarding the addiction; meaning there was a written request to cease being prescribed habit forming prescription pills from the patient -- sent to the physicians. My influence saw to that letter. My involvement or power is not of my concern. I can gain support from the individual to any extent. My reason for the post is combating addiction of prescription medication starting with the prescribing parties. I understand the withdrawl factors, again that's not my question.

    If you would like to be of any assistance, you can comment on what a patient willing to rehabilitate would do in order to secure their success. Obviously when speaking of addiction, relapse is probable. Before in-- or outpatient rehabilitation, the prescribing parties would need to come to a consensus and identify that there is a problem. If a written signed request does not work -- do you have suggestions?

    I don't mean to be combative, but you're seemingly really not even trying to be remotely be responsive to the question I've asked.



    The patient is free to seek care from other providers - s/he is not limited to those who refuse to taper down the current medication protocol, correct? In other words, there are surely other providers who would help the patient withdraw safely.

  7. #7

    Default Re: Physicans or Drug Dealers

    Quote Quoting Dogmatique
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    The patient is free to seek care from other providers - s/he is not limited to those who refuse to taper down the current medication protocol, correct? In other words, there are surely other providers who would help the patient withdraw safely.
    The patient is of course at will to seek other providers. Other providers can choose to continue or divert from the current treatment.
    My question is of the nature to what needs to be done in terms of a legally binding agreement, where the patient could not seek this medication in a moment of weakness or relapse.

  8. #8
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    Default Re: Physicans or Drug Dealers

    Quote Quoting InNeedofSupport
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    The patient is of course at will to seek other providers. Other providers can choose to continue or divert from the current treatment.
    My question is of the nature to what needs to be done in terms of a legally binding agreement, where the patient could not seek this medication in a moment of weakness or relapse.


    There is no such thing. The patient has the legal right to seek medical care, and the decision is up to his/her healthcare providers.

    What happens if the patient develops cancer? Should the patient be barred from seeking essential (and believe me, they DO become essential) narcotic pain medications?

    I understand what you're trying to do - truly, I do - but it's just not possible.

    A chronic pain patient does have options. And the right pain management program can work wonders.

  9. #9

    Default Re: Physicans or Drug Dealers

    I have heard of a "watch list" that circulates to all pharmacies within the state in circumstances such as the present. Based on current diagnosis, I've heard that the list generates for a period of time and is lifted upon any newer findings. Have you heard of such? For anyone else reading... any details would be appreciated.

    Is there a duty by this individual's current physicians that should mandate that they respond more appropriately? A written signed letter from the patient not being enough is mind-boggling to me. Is there a need for documentation in the current physicians files that would travel with the medical history records of the patient to all future healtcare providers in order to act as a safety net to curb temptation? Is this something that needs to be asked in a written signed legal document from the patient?

  10. #10
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    Default Re: Physicans or Drug Dealers

    I would suggest leaving the patient alone ; the patient can see another doctor if he wishes. Its my only answer to people who complain about their medical issues: go see a doctor or new doctor.

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