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Is failure to treat, malpractice?

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asil8170

Member
What is the name of your state? Iowa
15 years ago, I started experiencing horrible headaches. It didn't take very long to diagnose migraines. The only problem was that no one could tell me why these were occurring. Shortly after onset, I was experiencing headaches that would last for days and weeks on end and would usually end up in the hospital for a few days. Actually, it seemed that I was IN the hospital more than OUT. At first, DHE 45 worked pretty well but soon lost all effectiveness. For the first 9 years I saw every kind of doctor and specialist there is. I spent two weeks every summer at the Michigan Pain clinic in Ann Arbor, under the care of Dr. Joel Saper. I was also admitted to Mayo twice and the Univeristy of Iowa Med Center 3 or 4 times. There, I was put on huge doses of Morphine but still the headaches were not relieved. I even flew to Denver to have Botox injections before Botox was ever used for cosmetic purposes. I was prescribed almost every drug known to man...beta blockers, calcium channel blockers, anti-depressants, anti-seizures (Depakote was a real JOY!) narcotics, anti-histamines, migraine meds (Imatrex caused some major heart concerns) vitamin B complex, feverfew and many others. There was one that scared me so much when the doctors explained the possible side effects that I refused it...I think it was Sansert. Nothing really worked EXCEPT a mild narcotic called Nubain. The only problem with that was that NO ONE wanted to prescribe it for me. I remember being in a local hospital, in so much pain that I was, supposedly, passing out every 1/2 hour or so (I don't remember much of this but it's in my chart.) I laid there, trying to ram my fist through my skull, for over 10 HOURS without any treatment at all!!!!!!!!!!! The doctors, my husband being one of them, were trying to decide WHO would be THE ONE to order the med that they KNEW would help, but no one liked to prescribe. Really nice, huh?
Anyway, after 9 years of sheer misery, my husband at the time, a small town FP doc, discovered an article in one of his medical journals. It was written by the head of Nuerology at Beth Israel (Harvard) in Boston. Two days later we flew out there for a series of appointments with Dr. Bajwa and his team. In Dr. Bajwa's article, he stated that there are some patients for whom nothing but opiates (pain meds) work to relieve their pain. After my appoinments, we had a final consult with Dr. Bajwa. He told me that he KNEW that I was one of those patients. He said that he had NO problem prescribing Nubain when it was the only thing that would give me my life back.
So, for 2 years, I flew to Boston every six months for an exam and prescription refills. But, in 2004, I was divorced and could no longer afford the Boston trips. After an extensive search, I fould a doctor in Des Moines who would continue to prescribe the Nubain I needed. After the divorce was final, my 6 kids and I moved to Colorado. My doctor in Des Moines referred me to a doctor there. The 2 years that we were there went smoothly...health wise. But, my children "failed to thrive" and we moved back home last year. I picked up where I had left off with the doctor in Des Moines. In fact, at my last appointment, he said that since I was doing so well on this med (no break-through headaches and not one increase in dosage since I started taking it) he said, "It is counter-productive for you to come to Des Moines when your family physician can be prescribing this for you" and then told me that he would talk to her about it. He even said that, unless I start having any problems, I wouldn't need to be seen for 12 months.
Anyway, a year has past and it's time for an appoinment with my FP doc. I called her to ask if the doctor in Des Moines had contacted her about continuing with my care. She said he had not. I called my DM doc and asked him to contact FP doc. Two days later, my FP doc called and said that both of them had aggreed that I should go to a pain specialist and that she wasn't "comfortable" prescribing that med and that the DM doc would no longer provide "long-term and long-distance treatment." I asked about what had happened to "you're doing so well" and "your FP doc can prescribe this for you?"...what had made the DM doc "change his tune" so drasticly? I already knew the answer to that...any Dr. who prescribes narcotics for any length of time WILL eventually have his prescribing history "looked at." Prescribing such meds "sends up a red flag" and no one wants to be "looked at!"
So, once again I have been "passed off" to another doctor. My FP told me that she had referred me to a pain specialist in South Dakota, who, once a month, comes to Iowa. She said that his office would call me to set up an appointment. They did. The pain specialist's assistant called and told me that she needed to explain a few things before the appoinment was set. She said that this doc was NOT a plan participant provider and that his services would NOT be covered by my insurance. She went on to say that, "The initial consultation would be $350 plus whatever the satellite clinic charges." She then said that the "procedure" would be scheduled, which has an initial cost of $2000 and, depending on what the doctor finds, might get into 5 figures. I literally screamed, "whoa!!!!!" and she interjected saying, "I know that's a lot of money..." and, at that point, I yelled, "NO, it's not the money, it's the procedure! What the heck kind of procedure are you talking about?" She asked if my FP had told me about what this pain specialist actually did and I said "no." She then went on to explain that this doc performs Radio Frequency Thermocoagulation...which, after a quick search on the web, I found out was brain surgery. Actually, surgery on the nerves in the brain. MY FP HAD, WITHOUT LOOKING INTO WHAT THIS DOC ACTUALLY DOES, REFERRED ME FOR SURGERY!!!!!!!!!!!!!!!! On top of that, I believe that my FP never even read through my charts! One of the few things that most of my doctors HAD agreed on was that they believed that my migraines were NOT caused by a nerve problem. In fact, it was my eye doctor who discovered that, dilated blood vessels were, most likely, the cause of my pain. During a routine exam, he realized that one quadrant in each field of vision was completely "blind." My eye doctor turned very pale and that same afternoon, I was at the U of I med center, going through more tests. He had actually suspected a brain tumor. The test found no tumor but, rather, pressure on the optic nerve from dilated blood vessels...for which new meds were prescribed, but had no effect.
So, why have I been referred to yet ANOTHER doctor?...who wants to do a procedure that I don't even need and DEFINITELY CAN'T pay for? BECAUSE MY DOCTORS WOULD RATHER HAVE ME GO BACK TO THAT MISERABLE LIFE I HAD 6 YEARS AGO, THAN HAVE THEIR RECORDS LOOKED AT!!!!!!!!!!!!!!!!!!!!!!!
My qustion is...do I have any recourse against these doctors for failing to treat me? I am NOT interested in a monetary settlement!!!!!!!!!!! All I WANT is to be able to continue to live a pain-free life and if that means continuing to take Nubain, so be it. I've had NO side effects and NO increase due to tolerance...EVER!
So, if anyone has ANY suggestions as to how I can continue to enjoy my (physically) painless life, please write back. Thank you so much and sorry for the length...my life is complicated.
 


Wow

There is a lot of information in this question but after reading it, what it gets down to, is you want Nubain and noone will write it for you. No, you cannot sue someone for failing to write you a narcotic pain prescription that you feel you should have.
I found some of the information interesting and will have to research it because it has always been said, even by the Migrain rep who comes to the ER where I work that "true" migraines usually do not respond to narcotics. I say that is interesting because almost all the migraine patients who come in ask for all the heavy duty narcotics. WE usually give IV fluids and IV Compazine.
It may be in your records and you may want it but they do not have to give it to you. They are treating you but they are not giving you the treatment that you want. There is the difference. They are not acting below the standard of care so.....no suit, sorry.
 

asil8170

Member
So, even though the doctors have confirmed that I've tried almost every treatment out there and the head of nuerology at Harvard was the first to prescribe this med, you believe that I shouldn't be able to ask for this drug?...even if this doctor has said (it's written in my chart) that, after extensive testing, he believes that my condition is one of those that responds well to opiates and it may be the only treatment that will provide for any quality of life? On my last visit to Boston, Dr. Bajwa told me that he had several "medical conventions" scheduled at which he was going to speak, presenting years of studies that had revealed that, for some people with chronic pain, pain meds were last, but only option for them. There was one statement he made that really impressed me. Paraphrasing, he said...we (doctors) have NO problems prescribing pain meds for the terminally ill, in order for them to retain SOME quality of life but have a hard time doing the same for patients with chronic pain...WHY?
BTW, migraine was the initial diagnosis...the one with the greatest concensous. To this day, a definite diagnosis has eluded doctors. Since they MUST put something down in my charts, "migraine with cluster tendencies" has been listed as my condition. You're right, true migraines DO NOT respond well to pain meds...so why do my headaches? Even Dr. Bajwa, who wanted me to be part of a case study because I was "such an unusual case, could not offer an exact medical reason for this.
Another BTW...when I, with the support and guidance of my FP in Colorado, tried to "stop" this form of treatment, the headaches returned after several days of tapering. I asked if they could just be rebound headaches and my doctor told me that it was "highly unlikely" since, along with the pain, I experienced double vision, aura, tingling hands and even slight, but temporary weakness on my right side. When my FP contacted Dr. Bajwa concerning these symptoms, Bajwa asked why we were attempting to discontinue the treatment he had prescribed. We told him that I thought that, maybe, my condition had improved and that as long as I was still taking the meducation, we would never know. He said that, if the treatment was still effective and not causing any side effects, we should NOT try to discontinue it.
So, it's not so much a question of what I WANT (like, "give me a fix," as you've implied) as it is what I WANT AND NEED to continue to be a productive human being and mother.
I also believe that my insurance company wouldn't be too happy about paying for more extensive, and possibly repeated, testing to find a treatment for an already controlled condition.
Oh, I also wanted to tell those who are reading here that Nubain is one of those medication which have been used in labor and delivery...it's pretty mild.
 

asil8170

Member
Hi, again. There is one other thing you should know. I take Nubain in conjuction with Diphenhydromine (benedryl.) The Nubain has NO effect without the benedryl and benedryl has NO effect without the Nubain. Why?????????????your guess is as good as mine and the dozens of doctors that have tried to explain this.
 

las365

Senior Member
So, even though the doctors have confirmed that I've tried almost every treatment out there and the head of nuerology at Harvard was the first to prescribe this med, you believe that I shouldn't be able to ask for this drug?...
No one said that. Your question was whether it is medical malpractice for a doctor to decline to prescribe it for you. Your situation sounds difficult and frustrating, and you personally have my sympathy, but I don't think it is malpractice, either.
 

asil8170

Member
So, do you have any suggestions as to what I should be doing? Am I going to have to return to "living" in the hospital again? Am I going to be shipped out to every pain clinic in the midwest and passed from doctor to doctor for the rest of my life? What IF this is the only treatment that works for me? I just don't see how any doctor who has read my charts and reviewed the tests that have been done and all the treatments that have been tried, and failed, can just say "NO" to providing a proven method of treatment. Whatever happened to "do no harm?"
 

las365

Senior Member
Why won't Dr. Bajwa write prescriptions for you? You may have explained that in your first post, but it's too long for me to re-read.
 

justalayman

Senior Member
So, even though the doctors have confirmed that I've tried almost every treatment out there and the head of nuerology at Harvard was the first to prescribe this med, you believe that I shouldn't be able to ask for this drug?...
sure, you can ask, which you did, and were rejected. That is the option of the doctor.

even if this doctor has said (it's written in my chart) that, after extensive testing, he believes that my condition is one of those that responds well to opiates and it may be the only treatment that will provide for any quality of life?
nubain is not the only opiate out there. Have you tried any other opiates?

. Paraphrasing, he said...we (doctors) have NO problems prescribing pain meds for the terminally ill, in order for them to retain SOME quality of life but have a hard time doing the same for patients with chronic pain...WHY?
because if a terminal patient becomes addicted to the meds. nobody really has to worry about that addiction and the problems it will cause since the time period os much less and in the end, it makes no diff if they become addicted or not.

Another BTW...when I, with the support and guidance of my FP in Colorado, tried to "stop" this form of treatment, the headaches returned after several days of tapering. I asked if they could just be rebound headaches and my doctor told me that it was "highly unlikely" since, along with the pain, I experienced double vision, aura, tingling hands and even slight, but temporary weakness on my right side. When my FP contacted Dr. Bajwa concerning these symptoms, Bajwa asked why we were attempting to discontinue the treatment he had prescribed. We told him that I thought that, maybe, my condition had improved and that as long as I was still taking the meducation, we would never know.
He said that, if the treatment was still effective and not causing any side effects, we should NOT try to discontinue it
So what was your local doctors response to that? Apparently Dr B did not convionce your local doc that the meds should be continued.

I also believe that my insurance company wouldn't be too happy about paying for more extensive, and possibly repeated, testing to find a treatment for an already controlled condition.
Well, maybe you should talk to them about this. Let them decide.


Oh, I also wanted to tell those who are reading here that Nubain is one of those medication which have been used in labor and delivery...it's pretty mild.
Now you did it. Nubain is not recomended for labor unless it is ..well Ill simply post the info provided by:

http://www.rxlist.com/cgi/generic/nalbuphine_wcp.htm

Use During Labor and Delivery

The placental transfer of nalbuphine is high, rapid, and variable with a maternal to fetal ratio ranging from 1:0.37 to 1:6. Fetal and neonatal adverse effects that have been reported following the administration of nalbuphine to the mother during labor include fetal bradycardia, respiratory depression at birth, apnea, cyanosis and hypotonia. Maternal administration of naloxone during labor has normalized these effects in some cases. Severe and prolonged fetal bradycardia has been reported. Permanent neurological damage attributed to fetal bradycardia has occurred. A sinusoidal fetal heart rate pattern associated with the use of nalbuphine has also been reported. NUBAIN should be used during labor and delivery only if clearly indicated and only if the potential benefit outweighs the risk to the infant. Newborns should be monitored for respiratory depression, apnea, bradycardia, and arrhythmias if NUBAIN has been used.
That doesn't sound "pretty mild" to me. There are warnings of death in there.

So, since you cannot find a doc that will give you the drug or your choice, move to Boston and go to Dr. B. It seems he is the only one that believes you should continue with that med.

as with all medical proffessionals, you sometimes have to travel to another site to recieve the type of treatment you are looking for. It seems you have reached that situation.
 

moburkes

Senior Member
I'm guessing that OP doesn't have the money to move to Boston after spending so much money in CO and IA. Also, OP how did you manage to have so many kids since this started. When I read your post, it appears that you are so helpless/hopeless that you wouldn't be able to function normally, yet you've managed to have 6 kids (I realize that some are older than 15), raise them, get divorced, move twice, run your own business, etc. This doesn't keep you bedridden?

Are you able to be on this drug and drive a vehicle?
 

asil8170

Member
No, I don't have the money to move to Boston nor, even if I did, would I ever do that to my kids again. That would be one of those choices which would result in a bad outcome, just like so many that I've been criticized for.
I DID NOT have "so many kids SINCE this started." By onset, I already had 5 children and as I said in another post, my 6th child was born while I was on the pill.
I "function" quite well, thank you...much better than I did when the headaches were not controlled. As for getting divorced, moving twice and running my own business...these have all occurred AFTER the headaches were under control. NO PAIN...NO PROBLEMS!!!
No, this doesn't "keep me bedridden." What DID keep me bedridden was 9 years of uncontrolled pain. So, since I'm sure you're going to ask...the kids were well taken care of during that time...we had a nanny for years.
I am very capable of driving a vehicle. The doses of both meds are quite small and have never had ANY sedative, or any other incapacitating effects.

Yes, I have tried nearly every opiate out there, along with every other drug that has ever been tried for pain relief. When I first went to Boston and provided them with my medical history, Dr. Bajwa said that it would have been much easier to ask which drugs I HAD NOT tried.
As for the addiction issue...doesn't it say something that I HAVE NOT increased the dosages since the first day I was prescribed them?...even though the doctors ASSURED me that I would need more and more due to the fact that a body builds up a tolerance to such drugs.
It WAS NOT my local doc, who IS now the one refusing to treat, that tried to discontinue treatment. It was the doctor in Colorado...who, after witnessing my condition without the meds and after talking to Dr. Bajwa, AGREED that the treatment SHOULD continue. Dr. Bajwa HAS tried to convince my local FP, in IOWA, that the treatment should continue but, as you said, "this is the option of the doctor."
As for insurance...BEEN THERE, DONE THAT!!!!!!!! They are considering their option to "drop" me if tests and treatments, which they have covered before, are repeated.
I have been told by countless doctors that Nubain is one of the LEAST HARMFUL OF THE OPIATES and that it has been used quite often in labor and delivery. Supposedly, doctors are well-educated on these matters and since I'm NOT a doctor, must rely on their knowlege and expertise. I had no reason to doubt what they said. And, did you know that in the Merck, there are thousands of drugs which carry "a warning of death." Maybe you didn't know this either, but there have been deaths attributed to "normal" usage of Tylenol.
So, once again, let me say that I am not in the position to just "up and move." And so, once again, does ANYONE ELSE have any non-judgemental information that might help with this situation? Thanks.
 

moburkes

Senior Member
Nope, my post wasn't judgmental at all. Not even close. I was asking questions. It appeared, by the first post, that you spent a LOT of time in pain, fighting headaches, and I was trying to UNDERSTAND how that affected the rest of your life because I can't imagine what something like that would feel like.
 

asil8170

Member
My gosh, I can't even try to apologize without getting accused of something. (My impression of what YOU meant in your last post.) Sorry!!!!!!!!!!!!!

I would like to answer las365's question. According to Dr. Bajwa and nearly every other doctor I've talked to, a physician can not prescribe narcotics across state lines. I believe that that is, if they're not licensed in that state. Am I wrong here? If Dr. Bajwa is legally able to prescribe this med here in Iowa, then my problem is solved! Can anyone offer information concerning this? Thanks!
 

las365

Senior Member
I didn't mean to give you a false impression about whether you could fill a prescription in Iowa that was written by a doctor in Massachusetts. I have no idea what the law is on that. But I did re-read most of your initial post. Why don't you go back to the doctor in Des Moines?
 
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