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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114688
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My doctor recently brought a pain management team to join

Customer Question

My doctor recently brought a pain management team to join his practice. I cannot afford a pain management team due to my income from Social Security Disability Income. I talked with the representative at my doctors request. The pain management rep and I exchanged words. Not very nice ones, mostly from me and I am not proud of that, but it happened.. A week later I went to my reg Doctors appointment to get results from lab work on my thyroids and to have my pain prescriptions renewed. The Doctor said, pain management writes your pain scripts now. Didn't they tell you that and schedule an appointment. I said no. There was no discussion of that whatsoever. So my primary physician agreed to write one weeks worth of meds and said make an appt. with pain management. A week later I attended my appointment , received my scripts and left. They were informed as I left that I had problems urinating for as long as I had been a patient. I've beat cancer, had a stroke, suffer acute arthritis in my ankles and rear left shoulder blade and neck. Dead nerves in my feet are zero percent operational. Nerves in my legs are 70 percent compromised. 3 days later I received a letter from my doctors office saying , due to a breakdown in patient/doctor relationship we find that you should find a new doctor. We will no longer provide you with medical needs. I had 2 days of medication left. Both meds were opiate based. I checked and found out from doctors and medical professional that my doctor had an obligation to provide me with medical services for 30 days, including writing prescriptions so that I had time to secure a new doctor. My doctor said he would not honor that requirement because they had found heroin in my urine sample. Not only have I never done heroin in my life, it is , to my belief, impossible to find traces of heroin use in a urine sample that simply does not exist. I need help getting my doctor to honor his requirement and write that one last set of prescriptions so I can enjoy Christmas with my family and not be h ospitalized for withdrawal during the holiday. It is his legal obligation to provide those scripts, but he refuses based on a situation that cannot possibly exist. I need them last week. How can I get this Doctor to honor his responsibility to me. Or where can I go to solve this problem until a new doctor is scheduled to see me on Jan, 09, 2017. Please respond with help
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Pennsylvania
JA: Has anything been filed or reported?
Customer: not by me or my doctor....to my knowledge
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am currently experiencing the effects of withdrawal
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The first thing you need to do is file a complaint to the state medical board regarding the doctors not properly addressing your need when terminating your relationship by providing you enough medication to allow you to find a new doctor and you also need to file a complaint with the US Department of Health and Human Services, which is the sole entity that can pursue HIPAA complaints. Under HIPAA it is unlawful for them to enter false information into your medical record and claiming you tested positive for heroin is a false report.

At the same time you must locate a new doctor and get tested. If the doctor finds the test was incorrect and that doctor is willing to testify in court, you would then have legal grounds to sue the doctor for malpractice for not only not providing you enough medication to find a new doctor but also for falsely reporting your test results as claiming you had heroin in your system. If you get a new doctor and he is willing to attest to those things, then you would need a local medical malpractice attorney to sue them.

In the meantime, if you need more medication you would need to go to the emergency room to be seen to get the medication you need to prevent you from suffering from withdrawals.


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