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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88778
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I am asking for advise as my sister is an alcoholic, functional,

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I am asking for advise as my sister is an alcoholic, functional, as they call it. A bit back she took my Drivers License, as I was recovering from back surgery and I gave her my credit card to pay for some things I needed. I keep a copy of my medical records, just the ones from my fracture to my back and basically my family knows where they are. She had an inside friend at a pain clinic that only accepts cash. The "friend" a nurse, helped her get in with my records and as we favor a lot they didn't even bother to look at my Drivers Licence. She got Pain Medications under my name, paid the physician cash or credit card which was in my name as well, she is a signer in case of emergency. I was given a report showing on 3/23/13 and 5/3/13 she filled 240 hydrocodones and 84 valium. My pain phsician pulled up the information on me. I live in Arkansas and I do not know the law here but my physician is giving me until the end of this week to clear up my name. He said it's just like cleaning up identity theft with credit. It is in no way the same as neither happen over night. My physician has the PMP software that he just received and the medication came up with my information. I was told to go to the pharmacy and get a copy of the log the patients sign. I did that and the pharmacist, upon showing my identification, said, "that is absolutely not you that dropped and picked those up." She also copied the sign in log...definately not my signature. That wasn't good enough once I got back. Now he wants the prescriptions to be put in her name by the physician and the pharmacy change the information to hers. No way in the world would any physician take responsibility for writing a prescription and then upon knowing it was not the patient in the chart, simply rewrite it in her name. My sister, as I said, is an Alcoholic and has 3 children of her own. She has the alcohol problem and in no way will she stand up for me and say, "Yes I did this to her." I don't know where to turn for help. As a note this pain clinic has had like 6 physicians and staff changes in the past year and a half so they are not stable and probably wouldn't know if it was me or her if I walked in the office which was exactly my intent. I even ask if I should just simply go to the DEA and let them know what's going on but I fear for my sister as well as myself. I have a 9 year old Autistic son that very much needs me. I shouldn't but I do with three children and no child support. HELP PLEASE!!! Any advise would be appreciated. Thank you, Sandy.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid your doctor has no working knowledge of how these things work and is engaging in wishful thinking. As you said, no doctor in their right mind would issue a new prescription to someone who defrauded them. Unfortunately, the problem is that there is only one way to clear this off of your record and you are not going to like it, but it requires you reporting prescription fraud and identity theft to the police and only by police action can the pharmacy remove the prescriptions from under your name.

If you do not want to report her to the police, the pharmacist and doctor are not going to take your name off of those prescription. You should also get a notarized affidavit from both the doctor and pharmacist that it was not you who obtained the prescriptions.

However, what your sister did is a criminal violation of prescription fraud, so your doctor legally has a right to stop writing for you unless you prove the fraud and follow through with the proof. I am afraid that when someone claims they have been defrauded, if they do not provide evidence that they took action to the doctor, the doctor does not have to just accept the notes from the pharmacist or the doctor without more, especially since those prescriptions still appear in the database and can only be removed by legal action.



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Customer: replied 1 year ago.

I am responding to answers from, PaulMJD, in reference to my sister. Here is a bit more I would like to add and ask and I thank you for you for getting back to me so quick. I expected tomorrow not within 20 minutes! More than THANKS. XXXXX not slept in 4 nights since this happened. The problem is that because there has been such turn-over in the clinic they can play he-said, she-said all day. The initial physician she saw had demnetia, that is the start of the medical records and ID. She said she saw him twice before they got him out quitely. The next physician is now waiting or has gone to prision for something unethical he did, probably with the prescriptions he wrote. Then she saw three more physicians. She said there were times she would get prescriptions as they pre-write them the day before and fill in amount when she went, the top of the script isn't necessiarly the name of the physician she saw that day. It may be one partners name but another physician came in. It was left in the name of the initial physicians prescription pad. I spoke with the receptionist yesterday as my sister, my mother who recently passed, and myself worked in the building she did this in. She was shocked. It's a large building so people see each other but we don't always know who each other are. I called her then stopped in and ask if she ever remembered seeing me and where I worked and she said she did. I told her what was going on and she said I knew something was wrong with that situation with the nurse and your sister but I didn't know what. I ask if she thought the physciaian would do what my phyician is asking and re-write the prescriptions and she laughed literally out loud. NO way would they write a script to someone they don't know and with the fraud as I stated it looks bad on them. They will involve themselves no more than sending a letter firing her as they learned she used alternate ID and if she comes in they will talk to her about it. No way she will come in. Therefore the pharmacy, even though she knew it was not me, it just wasn't enough for my physician. Realisticially what am I looking at. I know a life of pain no doubt. I cried every morning for four years until I got these rods out and my pain physician is amazing and put me on a medication Nucynta which is what controlls my pain. I am also prescribed the Norco but I have cut it back to about half of what I took before because I don't need it since Nucynta and had told the physician that works in my pain physicians office. He has a practice and a pharmacy. So I guess legally if she refuses to come forth and aparently it is my information in the file, you can tell my writing is different, but that's it. Also will another physician ever treat me. I have to have rods from top to bottom so severe pain comes along with that for life. So botXXXXX XXXXXne, should I just go to the Police and file a report on her, which what will that prove other than a report when only my information is in their files and should I go to the DEA and report this, again my information, or if I leave it alone what will happen to me. I know I will live in the pain but I have a sick son. I don't want to be in the federal pen., for someting I didn't even have a part in, except for trust. I've given her my card and DL so many times as I've had no less than 15 surgeries and she goes out for me and if she buys things she gives me amounts but they don't always match up but I figure she gets things she needs and is ashamed to ask so I don't ask. Im thinking groceries, NOT PILLS!! Hard lesson learned but I personally will suffer I do not want my children to. I believe that is my final question. Sorry for any typo's as I am typing about 100 words a minute so I leave nothing out. Thanks again for your promptness and you put it in a kind way and in a way I understood. Much appreciated.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Well, it sounds like she was attending a less than reputable pain clinic, where it is common for them to use doctors who could not practice anywhere else and their sole function is to issue bad prescriptions.

Unfortunately, these negative remarks in your chart from your doctor and not clearing them can cause you problems later on when it comes to needing prescriptions in the future, so you need to correct the matter and unfortunately it means reporting your sister to the authorities to clear your name.

You will have to report it to the police for prescription fraud and identity theft. The worst thing that could have happened is if she was arrested or given a ticket and she gave them your drivers license and you would have a criminal record associated with your name that does not belong to you. It will end up teaching her a painful lesson and it will not be pleasant experience for you either and it is a hard thing to do to report family. You will also have to go out and get someone else to run your errands as you cannot trust her at this point.

The only good that might come of this is if you report her and she is arrested for the frauds, the DA might force her into a rehab program and it could work on changing her life. The theory is that an alcoholic or substance abuser has to hit rock bottom to get help and change, so getting arrested and facing jail might put her at rock bottom to make her realize she needs the help. So you would get your prescription record cleared so you are not reported in your records as a possible prescription abuser and you can get the help and treatment you need as well for your real medical issues.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88778
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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