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  1. #1
    Join Date
    Mar 2009
    Posts
    2

    Question Can I Be Arrested for What My Doctor is Doing

    My question involves medical malpractice in the state of: SC

    I volunteered to help this Doctor. I have been doing so for about a year. As time went by I came to know him more and more. He disclosed that he was having "some problems with the medical board". He is currently under investigation, for the amount and type of medication he is writing and some other issues that aren't relevant to my question. The medical board is also looking into the case of another patient who died from a prescription overdose. Finally, just a few weeks ago another patient has died as well from a suspected overdose. I do not believe the board is even aware yet of that particular one.

    My primary concern is one specific patient. This patient receives vast's quantities of pain meds. I have asked him over and over again to please stop writing the patient meds. To please refer her/him to someone else. Finally he agreed to take the patient off of pain meds and transition them to Suboxone, which is what is used for opioid dependent patients. This patient is very persistent and I found in the past that she/he would wait (sometimes for hours) until after I left the office so that she/he could go in there with some trumped up story about why she/he needs replacement meds.

    I had a long discussion with the doctor two weeks ago, told him this patient was manipulating the hell out of him, typed up a letter for the patient, informing them that this was to be their last prescription and from that point forward, there would be no more opioids written. He agreed to the letter and after I pushed him, got her/him to sign it on the last visit.

    Well, I know that her/his was due to come back into the office this week. I have access to the prescription program and pulled up her/his history. I almost fell on the floor. The patient came to see him yesterday and got another prescription for pain meds. Since the medical board has become involved he has QUADRUPLED her/his intake. I FEEL LIKE VOMITING. Can I get into trouble for being associated with the doctor and the doctors office? I believe he may be arrested. Is a person, who is not really an employee, obligated in any way to report this? Can I be charged with aiding and abetting because of my role in the office? Although it is not a formal one, anyone looking at the paperwork in the office would assume that I was an employee and I have access to all aspects of this practice.

    I want to confront him, but I have before. The doctor has responded to me in two different ways when I have confronted him in the past: 1. by saying, I AM THE DOCTOR and 2. by agreeing with me and promising not to prescribe her/him anymore. The fact that he continues to write these prescriptions is appalling to me and I care about him greatly as an individual. However, no mentally stable person, upon being confronted by the medical board for grossly over prescribing, would then proceed to QUADRUPLE the prescribed amount.

    WHAT THE HELL DO I DO? LEAVE? I CANNOT BELIEVE THAT IT HAS COME TO THE POINT THE I AM SERIOUSLY CONSIDERING CONTACTING AN ATTORNEY TO MAKE SURE THAT WHEN HE IS ARRESTED AND IT MAKES THE NEWS AND THE PAPER, THAT I AM NOT SWEPT UP IN THIS.

    I would greatly appreciate any advice that anyone has in this matter.

  2. #2
    Join Date
    Mar 2009
    Location
    montreal
    Posts
    27

    Default what???

    who are these doctors that freely hand out pain prescriptions???
    I have & know folks that had difficult time getting legit medicne for serious surgery/injury etc

    I doubt you will get into trouble, but the patient could get into trouble IF they are doctor shopping or conceiling records from other providers..

    but why are you getting involved if you are not a doctor??

    I cannot imagine a doctor taking orders from a non doctor,
    How do you know this person does not have a chronic condition & when opiods are appropriate?
    you cannot say someone looks okay therefore does not need pain managment

  3. #3
    Join Date
    Mar 2009
    Posts
    2

    Default Re: Can I Be Arrested for What My Doctor is Doing

    I can see why you would have a difficult time grasping what I have disclosed. In order to make sure that on top of everything else, I don't violate HIPPA, I have to be very careful what I am saying. Another Doctor examined the patient, I saw the report come in, and it said, basically other then some very mild _________ that the patient was fine. I believe it was the Doctor that alerted the Medical Board when the patient reported they were taking in excess of 800 pills per month.

    I supposed I took a liking to this Dr. Not in a romantic way, hell he is 40 years older than me. It was because he was so nice, caring, kind and his office was a wreck! I was out of work and thought that helping him would be great for my resume when I went back into the work force. Apparently he retired and then came back out in practice. Patients were running over him and I told him that if he wanted help,, that I would do it, but he had to stick to some very basic rules. i.e. Schedule 2's will not be replaced unless there is a police report filed and only ONE TIME. He can't keep track of time, while he is brilliant, I have had to say to him, "So and so, was just in here 12 days ago, do not write them another prescription"

    I have access to this patients file, there is nothing in this file that supports taking 800 + pills a month, let alone 2400 + per month. Thats why I am wondering, what to do? He promised me that he would stop being so naive, and told me as recently as yesterday, that she was over medicating herself, using it as an emotional crutch and that he would turn her over to a pain clinic. I am sorry, but no IM Doctor should be prescribing that amount of meds. He has had me call prescriptions in for him (non schedule 2) and authorized me to do the same with with the electronic transmission of prescriptions. I DO NOT HAVE A MEDICAL BACKGROUND.

    What do I hope to gain from this? Well I have invested a great deal of time into getting him approved for insurance company reimburements and he has promised me a percentage of it. Now is the time when I can finally start submitting for reimbursement. I have busted my ass 7 days a week for more than 9 months to get to the point of where I can finally get some money and to see him just through it all away just infuriates me. Because a percentage of zero is ZERO and thats what he is going to get if he is behind bars. I would also like to add that this man is brilliant, and I am no chump when it comes to an IQ test myself. His behavior as of late appears to have gotten increasingly worse and I seriously doubt he will be able to pass the mental exam the medical board has scheduled for him. When I have asked him why he would continue to prescribe to someone that no other doctors would (and btw the patient did doctor shop, it was pulled up in the state system, that is until the patient met this Doctor and hit the cash cow) and why he would continue to treat the patient when it is apparent that he could lose his license over, he says, "None of those other doctors know what the hell they are talking about".

    Should I just quit? Walk away? Tell him I won't sit around and watch him do things that are going to ensure an imminent arrest? Am I obligated to report to anyone what I see as CLEAR MALPRACTICE? Keep in mind several of his patients have DIED and when he wrote that patient 2400 pills for a 30 day period, he could very well have signed the patients death certificate at the same time.

  4. #4
    Join Date
    Mar 2009
    Location
    montreal
    Posts
    27

    Smile it is obvious you care

    your Qu-was could "you" get in trouble?

    It depends how involved you get, you may be called as a witness..against this person you care about...

    It does sound you care very much about this Doctor,,BTW He has a lot to lose.

    It sounds like you need to sit down (away from the office) & discuss your concerns ,with the agreement to seriously stop behaving in risky behavior. If not you must remove yourself from the Situation(see no evil)...because if things go bad..you may be called to testify...

    technically ,you are not an employee & not a qualified person to make these judgments( even if you are correct)

    I wish both of you the best. your intentions are good.

    many times an investigation will go on for years & they they swoop in...

  5. #5
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: Can I Be Arrested for What My Doctor is Doing

    Can I get into trouble for being associated with the doctor and the doctors office? I believe he may be arrested. Is a person, who is not really an employee, obligated in any way to report this? Can I be charged with aiding and abetting because of my role in the office? Although it is not a formal one, anyone looking at the paperwork in the office would assume that I was an employee and I have access to all aspects of this practice.
    Are you a licensed healthcare professional? What "role" did you have in the office on a "volunteer" basis?

    WHAT THE HELL DO I DO? LEAVE? I CANNOT BELIEVE THAT IT HAS COME TO THE POINT THE I AM SERIOUSLY CONSIDERING CONTACTING AN ATTORNEY TO MAKE SURE THAT WHEN HE IS ARRESTED AND IT MAKES THE NEWS AND THE PAPER, THAT I AM NOT SWEPT UP IN THIS.
    Contacting an attorney is probably not a bad idea in this case.


    ETA: Just read second post and see you have no medical background.

  6. #6
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: Can I Be Arrested for What My Doctor is Doing

    Quote Quoting Shocked
    View Post
    What do I hope to gain from this? Well I have invested a great deal of time into getting him approved for insurance company reimburements and he has promised me a percentage of it. Now is the time when I can finally start submitting for reimbursement. I have busted my ass 7 days a week for more than 9 months to get to the point of where I can finally get some money and to see him just through it all away just infuriates me. Because a percentage of zero is ZERO and thats what he is going to get if he is behind bars. I would also like to add that this man is brilliant, and I am no chump when it comes to an IQ test myself. His behavior as of late appears to have gotten increasingly worse and I seriously doubt he will be able to pass the mental exam the medical board has scheduled for him. When I have asked him why he would continue to prescribe to someone that no other doctors would (and btw the patient did doctor shop, it was pulled up in the state system, that is until the patient met this Doctor and hit the cash cow) and why he would continue to treat the patient when it is apparent that he could lose his license over, he says, "None of those other doctors know what the hell they are talking about".

    Should I just quit? Walk away? Tell him I won't sit around and watch him do things that are going to ensure an imminent arrest? Am I obligated to report to anyone what I see as CLEAR MALPRACTICE? Keep in mind several of his patients have DIED and when he wrote that patient 2400 pills for a 30 day period, he could very well have signed the patients death certificate at the same time.

    Hire yourself lawyer....yesterday.

    You ARE an employee, or at the very least, an independent contractor. You have access and knowledge to the fact that the "treatment" these patients receive is fraudulent.

    A patients PHI is covered under HIPAA, not HIPPA.

    You also are aware that the Physician is being investigated for his prescribing practices and ability to practice medicine. One, technically, does not need to be licensed to call in a prescription that has been specifically authorized by the prescriber. Schedule II narcotic prescriptions cannot be called into a pharmacy. They must be written. Were you writing and signing "authorized" Schedule II prescriptions?!? (please say you weren't...wait... maybe I don't want to know)

    I pretty much think you knew you were getting into something that was shady, but thought you could make a buck "helping" a Physician with questionable (to say the least) prescribing practices. Now you're looking to be absolved of any responsibility by using the "I have no medical background" excuse.. Sorry, but it doesn't work that way. You're in pretty deep, IMHO.

    BTW...You DID expect to pay taxes on the percentage of insurance reimbursement you'd take, didn't you?

  7. #7
    Join Date
    Apr 2009
    Posts
    2

    Thumbs down Re: Can I Be Arrested for What My Doctor is Doing

    2400 pills for a 30 day period on opiates? I really donít believe that, the person would have to be taking upwards of 600 pills per day and thatís taking it 4 times daily, no insurance company would pay for that and I don't see any pharmacy carrying that many CIIs on their shelf of one product especially a CII. if that is the case then the pharmacists should also be looked at for allowing the patient to get that many pills!

  8. #8
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: Can I Be Arrested for What My Doctor is Doing

    Quote Quoting mandacab
    View Post
    2400 pills for a 30 day period on opiates? I really donít believe that, the person would have to be taking upwards of 600 pills per day and thatís taking it 4 times daily, no insurance company would pay for that and I don't see any pharmacy carrying that many CIIs on their shelf of one product especially a CII. if that is the case then the pharmacists should also be looked at for allowing the patient to get that many pills!

    2400 divided by 30= 80.

    Multiple prescriptions to multiple pharmacies.

    OP, IMHO, is not as wide eyed innocent as s/he would have us believe.

  9. #9
    Join Date
    Jun 2007
    Posts
    636

    Default Re: it is obvious you care

    Alert the Medical board, then quit your volunteer work with that doctor. Go find another doctor to volunteer your time with. Or go volunteer at a hospital.

    Oh and get yourself a good lawyer. If you stay with this doctor, I you may end up being charged as an accessory. Being you have knowldege of this doctors actions. But you did nothing about it.

  10. #10
    Join Date
    Mar 2009
    Location
    Michigan today.
    Posts
    14

    Default Re: Can I Be Arrested for What My Doctor is Doing

    This really stinks, I was just getting ready to post a reply for the treatment of my diagnosis of spinal arthritis, degenerative disc disease, Fibromyalgia, carpal tunnel, I have so many to list, I cannot get the pain clinic to even prescribe pain meds to me.
    That is what makes me sick! They prescribe addicts, who I hear horror stories about in the area I live in that go out and sell on the streets, I get mine now from a psychiatrist but this is insane!
    Good Luck!

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