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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I have a very serious problem here, I am on pain management

Customer Question

I have a very serious problem here, I am on pain management and I have to submit to random urine and pill count so far I've had three urine and one pill count total.
the pill count was perfect yet the urine was clean no drugs but positive for alcohol, I was shocked, then the doc says" it shows here theres been no urine in my system since may, and since this is a reputable lab I have no choice but to run another test and if it is wrong again then I will no longer see you"! I interjected and told her it was a reputable lab til now but no longer it is wrong I do not drink.
The doc stated I will give you 2 weeks worth of medication.. take a urine test before you leave someone will call you to pick up the rest if it is ok but if it is wrong i will no longer see you.
So the two weeks go by which is today and I called yesterday and finally got thru to them today and I went to inquire and was told the doc would call me in 20min or so but no call so after several hours go by I went down there to find out what was going on personally.
I found out there was another person who had the exact same problem there, and also the pharmacist said someone else as well had these false results and now the doctor has it in my records and I could be classified as doctor shopping because now the doctor has refuse to treat me because I asked about the results and was unhappy with them, It made me feel like a liar and I am a notary public what can I do??????
Submitted: 11 months ago.
Category: Legal
Expert:  Sam replied 11 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

What can You DO about what, exactly.

Have you been criminally charged with the Doctor Shopping?

Customer: replied 11 months ago.

she has placed a false drug report in my medical file even though it's saying i'm clean of drugs which technically is a good thing & saying positive for alcohol she tried to say I was not taking the drugs and selling them. when I am taking the drug and now that she is saying she won't treat me I need a new doctor but because of her false report on my file I will be black balled for no reason at all

Expert:  Sam replied 11 months ago.

Thank you.

Under HIPAA you have the right to oppose the record. You would need to write a letter to the medical professional and outline what the problem is. For instance, you can state that you absolutely do not agree with the allegation and inference that you have not been taking the medication as prescribed and that you want the falsification removed from your file. Now, unfortunately, the removal of such information is at the discretion of your medical professional. But once you write the letter, they have 60 days to respond with explanation of why they are not removing or correcting the informatiion.

If that, your recourse would only be if you were then charged with Doctor Shopping, because when you are acquitted or the matter is dismissed, you can make the request to correct the file again, and if it is not correct, your recourse would be to consult with a local attorney about a possible defamation case, if because of this your Notary is revoked.

Customer: replied 11 months ago.

what about the fact that another individual also had the same problem and the local pharmacist indicated there is a third person as well so it seems this is a on going lab problem or class action or something??

They are not taking procedural safe guards at all, you urinate in the cup then give it to the guy behind he counter no writing or sealing of anything and also she did admit the urine speciman was taken on the 9th and submitted on the 24th to the lab .

Expert:  Sam replied 11 months ago.

Thank you. I suggest you can have the health dept take a look at the labs practices. Here is the link for the process to make a complaint, have others make complaints and request an audit investigation. It could be the lab is making negligent errors. An if deliberate negligence is found that can be used against them for a possible civil suit, if you can show that the inaccurate results damaged your reputation. For instance, if this leads to criminal charges and it is found the lab is producing wrong results on purpose and intentionally, that would be a lawsuit.

Customer: replied 11 months ago.

you know it's been good talking with you sam, I am so upset I could hardly think straight, I do feel something terrible as I have been refused any further treatment off of a false test and then inquiring and disagreeing,I would like to go to federal court on code violation if I can, I'm sure I can find one...Do you do federal suits like FELA

Expert:  Sam replied 11 months ago.

I am sorry to hear of your situation. I am sure it is very frustrating to feel you are committing a crime when you have not.

Expert:  Sam replied 11 months ago.

We are not permitted to represent customers of this Website. And I am not practicing in federal court at this time. I suggest you begin with the complaint to the health dept to start any action.

It was a pleasure chatting with you, too.

Customer: replied 11 months ago.

Sam are you there ?

I was trying to relax and it dawned on me because it just doesn't sit right what's wrong but I need your advice..this is a violation of our basic constitutional right to privacy due to the fact it was a breach of contract and once the contract was breached it should be a basic violation of privacy, the breach falls under rights and responsibility you can have no right without responsibility... they had us sign documents giving them the right to test so they have a responsibility to be correct .... something to this effect what do you think any chance???

Expert:  Sam replied 11 months ago.

Yes. I am hee.

Expert:  Sam replied 11 months ago.

I suggest, there is no breach. There is no contract and there are no HIPAA violations, unfortunately. Yes, they do have an obligation to report accurate results. However, as I stated, you would need to prove the company was deliberately negligent in their processing. That is why starting with the health department and have an investigation is a good first step.

Expert:  Sam replied 11 months ago.

And if there are others, they should file a complaint, too. The more complaints they get, the more serious it will be taken.

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