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Do I have a case? Medical Negligence?

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dianamichele

Junior Member
What is the name of your state (only U.S. law)? California
My Grandmother has spinal stenosis and has been seeing a pain managment physician. She went through opiate withdrawl because the Dr. wasn't responding to the front office staff's messages. I called, my mother called, my sister called. We all stayed polite and respectful. We explained her condition. WE need the Dr. to sign her prescription as she was in severe pain/ withdrawls. We were told her Dr only has office hours on Monday's and Fridays. Well this started on A Friday Night and she ended up in the ER on the following Wednesday!! So there were 2 "office days" and we still didn't get any help. There is also an alleged R.N in the office that could have signed for her as well, and she was also "unavailable"? I'm not looking for Millions, not even thousands. My issue is the ER visit she had to make. That will set her back as her insurance only covers 80%. ( not positive on that fact, per my grandma via telephone through my mother... ) Is there a case here? Do you need more detailed info? She's my favorite person in the whole world and can't believe this! Should he pay for her ER bill?
 
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lealea1005

Senior Member
What is the name of your state (only U.S. law)? California
My Grandmother has spinal stenosis and has been seeing a pain managment physician. She went through opiate withdrawl because the Dr. wasn't responding to the front office staff's messages.
Was she taking her medication exactly as prescribed, as well as keeping all follow up appointments?

I called, my mother called, my sister called. We all stayed polite and respectful. We explained her condition. WE need the Dr. to sign her prescription as she was in severe pain/ withdrawls.
Unless your Grandmother gave specific written permission, the office staff is not permitted to respond to anyone other than her.

We were told her Dr only has office hours on Monday's and Fridays. Well this started on A Friday Night and she ended up in the ER on the following Wednesday!! So there were 2 "office days" and we still didn't get any help.
Does the Doctor have regular Friday night appointments available? If not, then it was one regular office day. Why didn't your grandmother make an appointment for that Monday?

There is also an alleged R.N in the office that could have signed for her as well, and she was also "unavailable"?
An RN who can write a Rx for an opiate? :eek: I think not.

I'm not looking for Millions, not even thousands. My issue is the ER visit she had to make. That will set her back as her insurance only covers 80%. ( not positive on that fact, per my grandma via telephone through my mother... ) Is there a case here? Do you need more detailed info? She's my favorite person in the whole world and can't believe this! Should he pay for her ER bill?
Look, I know it's frustrating to see some one you love in pain, but I think there's a little bit more to this story.

YOU have no claim to anything. IF there were a "case" at all (and there isn't), SHE would have to be the one to initiate it.
 

OHRoadwarrior

Senior Member
It may be her doctor wanted her to be off the meds and she did not want to become clean. Many people end up over medicated. The effects of opiates decline and require increasing quantities to maintain the same level of effect. This is an issue between G'ma and her doctor. If she does not like his services, find another. I bet the new one does not prescribe them either. I suspect G'ma passed the line of user to addict, in the doctors opinion.
 

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