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  1. #1

    Default Can You Sue a Doctor for Not Prescribing More Pain Medication

    My question involves public health law in the State of: Georgia

    I'm going to ditch my doctor for not giving me a script for a "controlled" medication" that fits the bill here. So, that's fine, I don't care. But if it turns out that another doc realizes that I a higher dose of this drug that my original doc is willling to give, and I find that this dose works better. Would I be able to get money by suing for malpractice for not giving me enough of the med. Thoughts? I'm not a vindictive type, but if I could sue for this and profit, I'd be interested. Just in case, I have no issue with the guy really........... but if I could profit from his being "wrong" as proven by my second opinion, if I could make some money off it, then yeah I'd sue.

  2. #2
    Join Date
    Oct 2014
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    Default Re: Could I Sue?

    Quote Quoting Steve418
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    My question involves public health law in the State of: Georgia

    I'm going to ditch my doctor for not giving me a script for a "controlled" medication" that fits the bill here. So, that's fine, I don't care. But if it turns out that another doc realizes that I a higher dose of this drug that my original doc is willling to give, and I find that this dose works better. Would I be able to get money by suing for malpractice for not giving me enough of the med. Thoughts? I'm not a vindictive type, but if I could sue for this and profit, I'd be interested. Just in case, I have no issue with the guy really........... but if I could profit from his being "wrong" as proven by my second opinion, if I could make some money off it, then yeah I'd sue.
    You'd likely not win anything if you sued. Doctors may have, and often do have, differing opinions on the right amount of narcotic pain killers is appropriate for a patient. They have to balance the benefit of the pain relief against the other risks and problems of the drugs being used. It is sometimes the case that the best treatment for the patient will not result in complete pain relief, though patients often argue bitterly for the greater pain relief. I know from my own experience with chronic pain that while I'd like more pain relief, the downsides to taking narcotic pain relievers, and in particular opiates, aren't worth it so I put up with the pain. Bottom line here is that even if the new doc says he/she thinks the higher dose is ok, that does not mean the previous doc committed malpractice. They just have differing views on what is appropriate, and both are within the realm of sound medicine. Moreover, even if it was malpractice, what damages do you have from it? Having a little extra pain by itself wouldn't get you all that much, and when weighed against the costs to litigate it would leave you worse off in the end.

  3. #3
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    Default Re: Could I Sue?

    You should also understand that GA has put into place a pretty aggressive program to track drug seeking behavior.

  4. #4
    Join Date
    Jun 2014
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    Default Re: Could I Sue?

    It is up to each individual doctor to prescribe what they think you need. You have no say over the medication or the dosage.

    Doctors ,are reducing or no longer prescribing opiates for chronic pain. If you are not seeing a pain management doctor. You should. But, that is no guarantee a new doctor will prescribe what you want at the dosage you want.

    A new doctor will get copies of your medical records from your previous doctor. A new doctor might not prescribe you opiates. It might depend on what your current doctor wrote in your medical records. If you failed a,drug screen or broke other rules. You might not be able to find a doctor willing to prescribe you opiates.

  5. #5
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    Jul 2018
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    Default Re: Can You Sue a Doctor for Not Prescribing More Pain Medication

    Quote Quoting Steve418
    View Post
    But if it turns out that another doc realizes that I a higher dose of this drug that my original doc is willling to give, and I find that this dose works better. Would I be able to get money by suing for malpractice for not giving me enough of the med. Thoughts?
    Absolutely and unequivocally no. If the law allowed for something like this, the price of malpractice insurance (and, in turn, of medical care) would skyrocket beyond what it already is.

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