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Is failure to treat, malpractice?

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asil8170

Member
The doctor in Des Moines has told my local FP that he can longer provide "long-distance, long-term care." Since this is 180 degrees from his response at my last appointment, (You're doing so well on these meds that you don't need to be see for 12 months") I can only assume that something occurred to "spook" him. I believe that he has had his prescribing records "auditted." When I confronted him about this, he WOULD NOT deny it. Our pharmacist, who has been a friend of the family, told me, years ago, that I would have a hard time finding a doctor who would continue to prescribe these meds for any length of time. When I asked her why, she told me that "a red flag is raised when doctors prescribe narcotics. They WILL eventually have their records reviewed...and NO doctor wants that." When I asked my FP why she "was not comfortable" prescribing these meds for me, she had no answer. Not, "I don't think they're good for you" not "I think I know something that will work as well" not "I think you're an addict" not ANYTHING!...just "I'm not comfortable." Don't I have the right to know why she won't prescribe a proven method of treatment?
 


las365

Senior Member
Don't I have the right to know why she won't prescribe a proven method of treatment?
No, I don't think you have a right to know why, but if your assumptions are correct, you do know why: it's because she is concerned that she might have to defend and potentially lose her license to practice medicine. It's hard to blame her for that, don't you think?

It sounds like your options are to keep looking for a doctor who is willing to prescribe what you are sure you need or save up the bucks to get to Boston once or twice a year.
 

asil8170

Member
So, are you saying that because my FP is more concerned about defending her license, she can ignore what's best for a patient? Really, how much "trouble" can she get in if she has all my records to show that EVERY OTHER OPTION has been exhausted and that the head of Harvard nuerology acknowleges these meds as an effective treatment for my condition?
Are you saying that any doctor has the right to refuse treatment for ANY reason they choose, without justifying those reasons? That's what it sounds like and, if that is the case, our medical system "bites!"
Again, I ask...what happened to "do no harm?" I guarantee that by making me go through want I had to endure for 9 years WILL DO HARM!!!!!!!!!!!!!!!
 
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jffmstrs

Member
Wow! this woman is looking for attention! She needs to find a divorced and single again forum. I couldn't believe what I read in the allimony forum. OP states her kids wanted away from their abusive father, but yet she complains that he doesn't want to see them! I think there is another side to that story we haven't heard!
Now, I think she is looking for away to keep up the lifestyle she was use to before she left her ex. My mother had eight kids,because my father passed away when we were very young. She worked fulltime, lived in a three bedroom apartment I very seldom ever heard her complain! She made many sacrifices so that our basic needs were met ! She didn't have a man to depend on! We learned to do without what we didn't need! You need some counseling from a mental health professional!
 

asil8170

Member
It's so nice when people who have NO idea about what my life is all about lend their "expert" opinions. What jffmstrs has said has nothing to do with my question here. I'm really glad that your mom had an easier time in life than I have. But, until you know the whole story or unless you have some knowlege of the medical issue I've raised...GO AWAY!!!
 

jffmstrs

Member
It's so nice when people who have NO idea about what my life is all about lend their "expert" opinions. What jffmstrs has said has nothing to do with my question here. I'm really glad that your mom had an easier time in life than I have. But, until you know the whole story or unless you have some knowlege of the medical issue I've raised...GO AWAY!!!
Whaaat ? You mean there is more to this story? You have it alot better then my mother EVER had it, but she didn't complain like you! As far as an " expert" opinion.... I have one. Go see a shrink! Tell him or her all your problems, it my help relieve all that stress which may also help relieve those migrains!:D
 
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las365

Senior Member
So, are you saying that because my FP is more concerned about defending her license, she can ignore what's best for a patient? Are you saying that any doctor has the right to refuse treatment for ANY reason they choose, without justifying those reasons?
Why don't you stop trying to twist what people say to you into your version of what's happening?

The doctors you are complaining of do not have to prescribe narcotics for you. It is not malpractice for them to decline to do so. I do, in fact, think that protecting one's medical license is a fine reason to decline to give in to a patient's demands for narcotics.

I did take a look at your alimony thread and it is quite fascinating that in your lengthy descriptions of the last 19 years or so, you never mentioned any debilitating migraines, or any health issues at all. You did claim that your ex-husband is the only doctor in the town where you live. Maybe he could prescribe some drugs for you.
 
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moburkes

Senior Member
There is no law in ANY state that requires a doctor to prescribe a particular medication, regardless of the situation. You have the option of finding another doctor who will.
 

justalayman

Senior Member
Ok, without being judgemental (hopefully);

the death warnings; they were a "bit" stronger than those included with Tylenol. When they speak of bradycardia and depressed breathing in the newbie, they are serious. You still seem to blow them off. While doctors may not sound serious, they often are. I have had conversations with doctors that spoke of cardiac surgery as if it were a simple no problems ever surgery. Obviously it isn;t but in their life, if the were overwhelmed by the possibilities, they would never treat anybody.

So, have you tried to call Doctor B back east and ask if he knows of anybody in your area that would treat you as you want?

I don't know exactly where you are but you can't be more than about 4 hours drive drom the Mayo Clinic in Minnesota. Dr. B in Boston may be aware of a doctor there that may be of assistance to you.

But, to the legal question; no, you do not have a claim. Your diagnoses is indeterminate and Nubain (from what I have read) is not approved for migraines. Both things are fighting against you as to any claim or even a formal complaint.

You simply have to continue to look for the treatment you want.
 
D

dedlock

Guest
Do no harm

asil8170,

You keeping asking about "do no harm". The doctors are doing exactly that by not prescribing an injectable narcotic that you have been taking multiple times a day and to which you have obviously become addicted.

Also, nubain is a drug proven to cause rebound migraine headaches. I suggest that instead of your intensive search for someone to give you narcotics that you begin to look at those things in your life causing your migraine headaches and do something about them.

As has already been suggested (and very politely) seek a mental health counselor. You should also see a nutitionist and someone who can help you develop a regular physical fitness program.

Migraine headaches are a syndrome and you are responsible for figuring out what triggers YOURS. Also, migraines are associated with 150-200 other conditions.

After you detox it may make sense to you that suing a doctor for malpractice because they won't prescribe narcotics for you to sit around and inject all day is ridiculous.

Get therapy and move on with your life. Good luck.
 
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dedlock

Guest
Yes. We agree.

Quote asil8170: 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.
She obviously doesn't understand migraines. Nor that PAIN = NERVOUS SYSTEM. The the thermography is a treatment to help reduce the damage to soft tissue (cellulitis) and skeletal muscles from repeated injections of toxic opiates, narcotics and other toxic substances including abcesses and systemic infections. I don't think they suggested a frontal lobotomy. :rolleyes:

The whole long first paragraph was extremely difficult to get through. The responses she received were very patient. I don't agree with migraine headache suffers bothering the ER staff for injections of narcotics or opiates. And the solution isn't writing scripts so they can inject themselves.

Sounds like withdrawal from life. I suggest she get back in it.;)
 
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asil8170

Member
Let's see...what part of, "for 9 years I tried every kind of doctor, (yes, that includes psychiatrists, psychologists, bio-feedback therapists, nutritionists, dieticians, physical therapists, neurologists, endocrinologists, accupuncture specialists, hypnotherapists and many others) every kind of drug and every kind of treatment that my doctors could think of." I've been to Mayo clinic...several times. I've even "detoxed" there once but when the headaches returned with a vengence, my condition scared the rehab staff so much that they transferred me to the ICU, where the doctors once again administered every kind to treatment and drug they could think of and, after 4 days, put me back on benedryl and Nubain. They sent me home 2 days later with discharge orders saying that I would need to find another form of treatment. When I asked what they would suggest, they threw their hands up and said..."wish we could help you more."
So, again, I would like to ask...what is the possibility that my FP could lose her license for prescribing a proven form of treatment, approved by the head of nuerology at Harvard after 9 years of extensive tests and dozens of failed treatment plans?
 

justalayman

Senior Member
So, again, I would like to ask...what is the possibility that my FP could lose her license for prescribing a proven form of treatment, approved by the head of nuerology at Harvard after 9 years of extensive tests and dozens of failed treatment plans?
No idea but regardless, if she chooses not to prescribe the meds you want, it simply is not going to happen. It seems the only choice you have is to go to a doc that caters to your wishes or needs. Other than that, you will simply suffer.

Sounds like you need to deal with the head of neuro at Harvard.

You knwo, it's a funny thing. I want some tests done but nobody in my area will do them. Guess what I have to do. Go to a doctor that I knwo will admin the tests. I son;t get to sue the docs around here because they won;t run the tests and you do not get to sue because your doc won;t prescribe as you desire.

Either do what it takes to recieve the treatment you claim to need or live with the consequences. I felt a lot worse telling a young gal that she or her father could not sue because the hospital and doctor refused to perform a prostatectomy to remove the cancerous gland because they did not have any insurance. You have a treatment, all you need to do is get to it. What you do from here is your choice but suing (and winning) is not an option.

YOU do not get to dictate to a doctor what they will prescribe. PERIOD. Live with it.
 

Curt581

Senior Member
Perhaps you could find someone like Dr. George Nichopoulos.

If you're not familiar with that name.... Dr. "Nick" was indicted in 1980 on several counts of overprescribing drugs to Elvis Presley, including Demerol, Nembutal, Dilaudid, Halcion, Didrex, Valium, Placidyl, Haldol, Nubain, Percodan, Nembutal, Stadol, Oxycodine, and more, in incomprehensible quantities.

Dr. Nick petitioned the Tennessee Board of Medical Examiners in 1995 for the return of his medical license, but was denied.

Anyone remember what happened to Elvis?
 
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