I live in PA and went to a new doctor in my area because my general physician said that there was not much more he could do for my chronic back pain. I wanted to find a physician to get a new/fresh perspective on my medical history. I am currently prescribed opiates for pain by my general physician and ADHD medication from my Psychiatrist that I have been taking for at least 5 years. I started the narcotic pain medication after my daughter was born at the end of 2012/beginning 2013 and have been taking it ever since. When I went to the new doctor's office, I brought my entire medical history file as well as the medications I have been prescribed. The doctor spent almost an hour with me asking me questions about my medical history and making copays of the documents I had brought with me, but when she asked me about my medication history, I sensed the interest in my case and finding a cause for what was going on, disappear as soon as I said “narcotic”. She shut my file and said that she would continue the prescriptions I was currently on and discussed alternative medication with me. I said I would try anything if she thought it would help my pain more than what I was taking now. I was told that in order to receive the prescriptions however, I had to sign a pain contract
and submit to a urine test. They gave me the pain contract and the doctor stood over me while I tried to read and understand the 3 page document. I felt rushed, and they made me feel like I was a problematic patient all of a sudden or bad person so, I just signed the contract without really reading it. I never had to submit to a urine test with my current doctor so this was new to me and I thought they were checking for street drugs. My situation is much more detailed, but I’m going to try and summarize the outcome and my issue as much as possible. I ended up submitting two urine tests in exchange for medication prescriptions in the month I was a patient. The first test being on the first day I came to the office and the second was for 3 days worth of medication because I had to reschedule my appointment due to a personal matter. When I went to my rescheduled appointment, I had to wait an hour and when I asked if I was going to be seen, I was told I was marked as a “no show” by mistake. When I was finally called back to see the doctor, the nurse said that they hired several new employees
and that a lot of things were “messed up” asked for my patience and understanding. I said it was fine. When the nurse left and doctor came in, the doctor said that my urine tests came back and she feels the results are inconsistent so, she would not write me any more prescriptions and would not see me anymore. I was completely confused and just asked why. She said that my original urine screen showed an additional drug which I did not tell her about and my last urine test didn't show the medication prescribed in my system, so she would not see me anymore. I offered to submit another urine test to show that I am taking the medication, but she said it wouldn't matter because she has no tolerance for patients who lie to her. I was completely shocked. She gave me no warning, no chance to explain, no time to find a new doctor. I was out of my medication and needed refills but, I was afraid to say anything because I was made to feel like a criminal. Plus, she obviously knew my refills were due because she immediately started the conversation by saying she wouldn’t prescribe me the medication.I did some research and found some information on “Patient Abandonment
” and that 5 elements must be present for a patient to have a proper civil cause of action for the tort
of abandonment:1. Health care treatment was unreasonably discontinued.2. The termination of health care was contrary to the patient's will or without the patient's knowledge.3. The health care provider failed to arrange for care by another appropriate skilled health care provider.4. The health care provider should have reasonably foreseen that harm to the patient would arise from the termination of the care (proximate cause).5. The patient actually suffered harm or loss as a result of the discontinuance of care.My question is, do I meet all 5 elements and would it even be worth pursuing an action against the physician if I could? I am extremely upset by this and feel I was discounted as a patient and a human for that matter. I was made to feel like I did something wrong and I was left without medication which caused major symptoms of withdraw. I was really very sick and I’m so angry at this doctor and every other doctor who treats patients with chronic pain like animals and drug addicts. I don't know how this will affect me in the future. Will this incident follow me when looking for a new doctor? Does it get entered into some database for other doctors to see? I would appreciate legal advice on this matter. Thank you.