need legal advice on durageic , medical malpractice

What is the name of your state? Massachusetts

I need a Lawyer who can give me a second opinion on a medical malpractice case. I have spoken with one, whom said that I have a potential case once all records were obtained.

Are there any lawyers here on the board who know about the prescription Duragesic?

I have a very long, long story to tell. A very bad experience with a Dr. who had no clue about the drug itself and gave me no warnings and like I said it is a long stoery that ended badly for me, etc...

Also, is anyone here on the board on Duragesic??????????????
I have researched and have seen that Duragesic is 100 times more potent than Morphine. I learned this after the fact - it was too late, had I known this, I would not have accepted or gone by my Dr's orders to fill the script .

I was switched to Duragesic from vicodin 5mg 2 times day. The vicodin worked fine for pain that I had. There are 3 terms that the Dr. violated I believe. And the last is the most important and where it has brought me now.
I am in desperate need of help, medical, psychological, and legal.

I was on it for a year, I was 23 years old when I was put on it. I decided to come off of it when I was 24. I just turned 25. I have been off of Duragesic since July 2003.

If anyoneone can help, please reply and I will tell my story. All is appreciated in advance!

Thank You,

-25 In need of legal advice!

[ellencee]

25needhelplegal
If you are seeking an attorney and not a free legal opinion, this forum is not the proper avenue.

I am interested in reading any information you have that states that Duragesic is 100 X more potent than Morphine.

Duragesic is the brand name for Fentanyl, a narcotic pain reliever that acts in the Central Nervous System to relieve pain. Duragesic patches provide around-the-clock medication administration via the transdermal route. Duragesic is prescribed for management of chronic pain and can be used for years. Psychological dependence does not occur in the presence of true unresolved chronic pain; therefore, Duragesic is not contraindicated for longterm management of chronic pain. The patient's pain management ususally changes to Vicodin when the Duragesic patch is discontinued. Vicodin is sometimes used for breakthrough pain while the Duragesic patch is still in use.

Other than some fairly standard contraindications for disease processes and medication interactions, there are no significant reasons not to use Duragesic for long periods of time.

Without reading your medical records and from the tiny bit of information that you provided, I sincerely doubt the physician did anything below the minimum standard of care.

FYI--Whom is used whenever one would use possessive pronouns such as, 'him', 'her', 'them'..ie. 'Show it to whom?' 'Show it to him?'
Who is used whenever one would use pronouns such as, 'he', 'she', 'they'...ie. 'Who has the ball?' 'He has the ball?'

[quote] I have spoken with one, whom said...[quote] [correct] I have spoken with one, who said...[correct]

The whom/who lesson is free, too.
EC

The Dr did not put me on it for the proper reasons.
He also did not wean me off. I asked twice, he said no.
When I decided to tell him I wanted off of it, he gave me only 25 5mg vicodin to wean me off- I ended up in a Detox to get off of it.

I am looking for free legal advice.

Thanks for your reply, there is alot more to the story as well.

Also, the Dr. knew that I got vicodin on my own for breakthrough pain, and I admitted it, he still handed me the patch when I handed it back scared of the effects it was doing to me, makeing me an addict!

I have never had a prob w/ drugs, addiction or depression.
I am now all 3, and to boot suicidal , that is why I am here for support! Believe me, I wish that I never took that script not knowing what it was. I will paste the facts of the strenght of duragesic vs. heroin. Believe me also, I was the only one in detox to get off of a precribed med. I had heroin addicts try to give me their phone numbers. They actually wanted to buy patches off me- I was amazed and kept to myself and still have nightmares about being in that place! They told me that when they ran out of heroin, they would slap on a Duragesic, bought off the street or stolen and would be in their words"jammed" is what they call it. It has the effect of pure heroin, especially when they ate the jelly they said or put two on !!!!

I asked them about vicodin, percocet, they said it didn't even touch them because of the heroin, but got high off of Duragesic.

[ellencee]

25needhelplegal
If I were reviewing this complaint, as stated by you, for an attorney, I would point out that in all probability the physician did nothing below the minimum standard of care and that you attempted to manage your own physical condition and pain by obtaining narcotics without a prescription and taking the narcotics. You refused to follow the physician's weaning regimen.
You sought detox through a detox unit, which is certainly within your rights and a reasonable decision.

Durogesic is not known to be psychologically addictive. You will not be able to prove that the numerous studies done on this drug are in error and thereby prove that your psychological addiction is due to longterm use of Durogesic.

Your problems with drugs are just that, your problems. So is your psychological addiction and your depression. You will have to overcome that on your own and accept the responsibility for the same. Had the physician allowed you to be in severe pain for a year, you would be on here trying to find out what you could do for having been made to suffer unnecessarily; and for that, you may have had a viable complaint.

All of the information about the drug addicts, etc. is not relevant. Comparing Durogesic's pain-relieving properties to the properties of Herorin is not relevant and not a just comparison. Herorin is highly psychologically addictive.

If you were truly were in Detox, you should have learned that in order to recover, you have to accept responsibility for your own actions and not seek to blame others. By seeking to blame the physician and gain a monetary award from him, you are displaying addictive behaviors and showing no sign of true recovery.

Please consult with a medmal attorney in your area; it is the only way you will have a bona fide legal answer that is of any use to you.

I have given you free legal advice from the standpoint of my experience and knowledge as an RN, Certified Legal Nurse Consultant.

Best wishes,
EC

I did follow is instructions to wean off. A 4 day taper program. That was his wenaing regimen, I did it as followed and by no means refused it! It was after his regimen that I was still sick, and the on call Dr called me in clonidine.

May I ask you, how educated are you on this drug and have you ever been on it. I am only saying this because you are sating wrong facts and even spellled it wrong. Please do not take offense.

When I brought it up on a few ccasions on how I would be weened off when I wanted to do it, I always had to bring it up, him never- several months before, I was told different .
The Dr. did not follow through with what he had said - how he would wean me off and it was the last month of being on the patch that I obtained vicodin by the way. I went to him and handed him back the script, he threw it back at me!!!!
That day, I wanted him to take me off of it. He was boggled and had no answers for my questions, or concerns.


It was 9 moths after being on the patch, and afer he gave me the 25 vicodin to wean off for 4 days w/ no clindine....etc. I was still very sick . I had no choice to go to a detox, I could have ended up in numerous positions had I not. I was told I could even have had a seizure.

Also, it is a fact that , I hav read from a Harvard University Dr. on another board that when a patient is to taper off Durageisc ( this was an answer to someone who had been on Duragesic only 2 or 3 months) He said that it takes 1 month of switching to vicodin / percoet to taper.
Not 4 days!!!

I was so sick when I got to th detox, during my evalutaion after the staff reading my vitals and getting my lab reports back of how much of the drug was in me, it showed up as heroin(morphine, etc..family) l was asked how much dope do I do? And also they thought that I had lesions- I had no idea wha a lesion was. The reason for this, my temp was 104!! That is a sign of infection, I was then explained most people that come in with tems that high, have an infection where they shoot up.

I was told different information than you by both RN's and Dr's who specialize in addiction treatment.

I appreciate your reply's, but you are not getting the story here or quite understanding it.

And most certainly Duragesc is psycholligally ADDICTIVE, it says it in the literature that comes in the box.

I had a very helpful RN that saw me everday, did alot of reasearch for me as she said if I was her daughter, she well, was treating me as if I was. I was a bit young to be on it. She printed up literature when she went home and did alot of research for me for sciatica and in no way did I constitute for being a Duragesic candidate. She also introduced me to the over the counter or prescribed lidocaine patch. I am not out to blame him, I was advised by MANY to report him to the AMA and to file a complaint. Point being, I was not in that much severe pain, I was a waitress who worked 60 hours a week. He knew this**************...and withholding all of my records is also a violation of HIPPA.

I did not seek this drug in any way. One time over a holiday weekend when the office was closed Thurs-Tues. I called on Wednesday ahead and let the receptionist know that I was calling ahead and would pick up on Wed. She immediately told me to check to see how many I had left. I told her 1 which I should have and she made me go in that da and pick it up, saying it isvery dangerous to run out and I could not wait 3 days. I said I should be ok, she said, no, not with this prescription. That was the truth! She knew alot about the side affects. She was the Only nice- knowlegable one in the office.

When I saw an attorney, the 2nd thing he did was, he went to the website, it asks you a series of questions. I sat there and answered everything honestly, and guess what the results were. You are not an acceptable canidate for this drug. And he even told me as he looked at the site tat tey offer it free to people w/out insurance! I never knew that, wouldve saved me a bundle!

Go to Jansen.com and check it out for yourself.


A 4 day taper program off of a year of Duragesic is not proper regimen. It is a death wish.

Ec,

I am in the process of doing so. My primary Dr. is withholding my records from me, he will not give me all of them and I need all of them.


If he still does not agree, I will finally have the attorney call and demand them. I do want them for my personal use, and it is not their business why I want them. I am entitled. I have a law - HIPPA now to protect me, and he dos not even UNderstand this!!!!!!!!!!!!!!!!!!!!


EC, Thanks foryour advice again, and I apppreciate it.

I am typing quite fast----------------- Sorry for the missing letters and spaces!

[ellencee]

25needhelplegal
So, I misspelled Duragesic, big deal. If it was in your patient record, I assure you I would have been more careful and, then again, I may have misspelled it.

As for my experience, I am an RN with more years experience than I care to admit, but it's 25+ years and counting. I am a clinician; you may look that up on your own.

I have never been on Duragesic, not that it is any of your business.

I have lots and lots of experience with Duragesic 'patients' and other long term narcotic pain management needs clients.

I also have some heavy duty clinical experience in drug addiction, detox, and recovery programs--not just for private citizens, either--I have experience with inmates with drug addiction, detox needs, and recovery programs.

You are spouting so much BS it is not funny. Clonidine is a centrally acting antihypertensive agent with some properties for controlling withdrawal from smoking cigarettes as well as from medications. It is no huge 'gotta have' drug for withdrawing from anything like Duragesic.

Your physician has no obligation to give you your medical records. It is a common misconception that the patient can 'have' his or her medical records. The records belong to the healthcare provider. In most circumstances, a copy of your records should be made available to you at your signed request and at your expense; however, in your situation, the physician is well within his or her rights to deny your having access to your records except in a supervised setting.

I don't care what you think you were told by a caring and wonderful RN, the facts remain that Duragesic is designed specifically for the type of treatment you needed--to be able to function essentially normally while receiving management of chronic pain.

Now, unless you are a small child or an elderly person, there is no contraindication for age. Since you are a waitress, I think we can safely assume you are not a small child or an elderly person, huh?

As for the psychological dependence--if a person is using a Duragesic patch for the relief of chronic pain that is not otherwise manageable, the risks of a mental or psychological dependence is minimal. Those are the facts, not imaginings.

Now, take a good look at what is required to have a meritorious claim of malpractice or professional negligence, which are the same.
duty: met

breach of duty: did not occur

an act of negligence (an act or failure to act): the physician prescribed Duragesic in compliance with every pharmaceutical review of Duragesic that I can find and in any medical information that I have reviewed and in my professional experience.

damages caused by an act of negligence and no damage would have occurred if the act of negligence had not occurred with foreseeability of damages (the physician knew or should have known that damages would result if the negligence occurred): You received the least invasive, least addictive, most effective, highly recognized as such, form of treatment available for chronic, unresolved pain, especially in the presence of the need to continue normal living activities.

Honey, you were an addict in the making and I'm not so sure you weren't doing every street drug available. You can bet the defense will do everything in their power to prove you were. But, it isn't going to come to that. You won't find an expert witness (MD) who will testify that the form of treatment you received was negligent.

See the attorney; let the attorney waste his or her money getting your records and having an expert review them; then, go on with your life when your claim is denied.

Watch out for the statute of limitations. You need to make a consultative appointment in the near future.

Before you tell me I am uncaring and insensitive and never think a physician or a nurse could be negligent, let me say that is not true. If I did not care about your wellbeing, I would have lied to you and inflated your description of events so that my response met your desired response. I'm not going to lie to you or give you false reassurance. Why? Because I am caring and sensitive and I see no reason to lead you down the rosey path of destruction.

Do I think MDs and RNs commit acts of negligence that result in damages--heck, yes; unfortunately, some of these professionals certainly do. I just don't think yours did.

Best wishes,
EC

[ellencee]

25needhelplegal
I have a question or so that I would like to ask you. Your answers will help me to develop a better understanding of patient aspects and perspectives. I hope that you will provide me with sincere answers and that you are not offended by my asking.

Once you began treatment with the Duragesic patch:
While you were working at your regular job as a waitress (which by the way, I admire; I could not do it), did your earnings from tips increase?
Did your interpersonal relationships (family, friends, coworkers) improve?
Did your 'love life' improve? (emotionally and, or physically)

Since you stopped treatment with the Duragesic patch:
did any increase or decrease in your tips occur as compared to while on the Duragesic patch and prior to the Duragesic patch?
Did your interpersonal relationships improve or decline?
Did your 'love life' improve or decline?

If you don't mind answering those questions, you can email your response to me at 'ellencee@earthlink.net' and I will keep your responses confidential.

Thanks,
EC

I am only posting in response to your message I don't kow why you were so nasty in the first one, if you are a clinician, do you speak to people that way??

The other one is not nice , true or appropriate. A nurse would know what clonidine does, it lowers your blood pressure! That is what it is made for, go to any pharmacy.com and read up. HELLO! It is precribed rarely for smokers, but MAINLY for people getting off of narcotics or alchohol**************.when you stop a drug, your blood pressure sky rockets!!!!!!!! Clonididne brings it down.


Duragesic did not help much. It did not improve my work , tips, etc. I always do good waitressing. People - co-workers always called me "ditzy" and I joked because I was always forgetting simple things sometimes which I never do. It is a hard job and some may put waitresses down but I worked my butt off, I have been doing it for years. The job that I had on Duragesic - I am not there anymore. When all of this went down, I had to quit the job!

I also isolated myself socially, which I have never done at any job before. I always make long term friends, I am a likeable, friendly person whom is open to new people and friendships. I wonder now, if I had been more open, I might still be there and have friends. Numerous people invited me out after work alot. I always rejected. I look back now and realize all of this. I am a different person now.

As far as my family situation, it did crumble for awhile. After my mother called the Dr. and expressed her concerns about me being on the patch at my age and why I was put on it for back pain, and him not doing anything, even talking to me. It is against patient/Dr priveledges for him to talk to her.
But she was allowed to talk to him, he could only listen and that was all. I lived at home and my mom saw the effects that it had on me. I was not aware of the effects because I was always so screwed up. I am still trying to re-connect with my mother now. And the rest of my family, they saw what I went through and were supportive. They still know and think that I need more help. I am seeking a therapist . Duragesic did affect my sleep then, but alot more now. Due to the depression, and the cravings , and the nightmares. I am unstable now. The most unstable I have ever been in my life and I always was able to support myself from the age of 17. Being in the restaurant business allowed me to financiallly support myself.

[ellencee]

An important barrier to effective communication is missing from exchanges such as these. It is not possible to hear voice tone or inflection or regional accents; therefore, many of us misinterpret what is 'said' to us on this forum. After perceiving certain posters to be hostile, I have been pleasantly surprised by off-site conversations via email or IM. I am not nor have I been intentionally rude to you and for your information, my 'bedside manner' is just fine; thanks.

I am not telling you what you want to hear and that has an effect on how you accept what I say. I have tried to make you see that there is a huge difference in what constitutes medical negligence or medical malpractice and what constitutes a personal opinion that care could have and should have been provided differently. Differences in choice/method of treatments exist among medical professionals of the same qualifications, practices, similar locations, etc. Choosing one method of treatment over another method of treatment does not make the medical professional negligent.

FYI--The word 'antihypertensive' means lowers the blood pressure. So, I think that clears up the Clonidine issue.

The physician was well within his rights to listen to your mother. There is no law against listening to family members and friends or anyone else. HIPPA does not apply to listening.

The only opinions that will have any effect on your ability to file suit are the opinions of a medmal attorney in your area and a medical expert in the same field of practice and in a similar practice setting. If the statute of limitations has expired, you will be forever barred from bringing any action against any medical profession involved in your complaint. I caution you to be careful to not let the statute of limitations run out, or nearly run out, before you obtain a consultation with a medmal attorney.

I believe it is in the best interest of your physical and mental health for you to consult with a medmal attorney in your area and I encourage you to do so.

I appreciate your taking the time to answer the questions and doing so in such a personal and thorough manner.

EC

I am currently on Durgesic...first 25mg then he bummbed it up to 50mg. I know what your talkin about...I will be msging you.

[becfel]

I also am on a Duragesic patch 100mcg every 72 hours for a severe and chronic pain after a butchered shoulder surgery. I also take oxycodone for breakthrough pain. Both these meds are great for pain and are highlt encouraged by my pain doc. What I do want to point out is your body has come to need these meds. Never try to just stop cold turkey or you could have seizures. The most that happens to me when I try to go off if I get real jittery, I don't sleep for days, I am freezing all the time and I don't have any energy. Don't ever go off with out the help of your doc. That can be very dangerous.