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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 90083
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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First, I want to applaud your organization for doing a superb job in answering questions and providing advice on all 16 of my questions. My last two questions were answered by some attorneys/experts who sure knew what they were talking about. In fact, my girlfriend could have saved $300.00 if we had listened to your $40.00 advice which turned out to be 100% correct as confirmed by the Probate Attorney! Now, I have a more difficult issue to deal with: I met with my neurologist yesterday requesting a ct scan or mri due to short term memory issues. He said my cognitive abilities were fine and that it was not necessary. I did admit to Dr. XXXX that I quit methamphetamine 3 months ago but, still smoke medicinal marijuana for back spasms. Dr. XXXX refused to authorize my every 5-month lumbar epidural injection; and I am overdue. He has not ok'd my pain medication refill as of today. I believe I know the source of this "funny business": Mr. XXXXXX XXXXX, a former manager @ XXX XXXX and now a broker @ XXX XXX in XXX, XXX and Mr. XXX XXX a broker @ XXXXXX XXX XX XXX in XX XX I feel that either or both are interfering and obstructing with my personal medical care . . . In fact, Mr. XXXXXX never believed that I was disabled while working for XXXXXX XXXX and accused me of not needing a cane to get around the tiled office. I had 3 ankle surgeries, knee surgery and severe spinal stenosis prior to and while working for XXXXXX XXXXXXX. I required and still need lumbar epidurals every 5 months now. Used to be every 6 mos. History: I worked for XXXXXX XXXXfrom 1996-1998 in Orange County, CA where, other than severe health issues both mentally and physically, I got along fine with both of my SVP Branch Managers. In September of 1998, I transferred to the Salinas, CA XXXXXX XXXXXXX office even though I could have worked in the Monterey, CA office. My family and parents were in Salinas, CA and I had severe health issues that needed to be taken care of. My new Branch Manager, Mr. XXXXXXX XXXXXX and I did not get along too well. I was a more senior experienced broker and he placed a rookie Hispanic broker in my office so that I would be forced to share an office and forced to socialize with this individual. He really smelled bad sometimes. I retaliated but, the firm could not terminate me due to legalities. In my opinion, I was wrongfully terminated on April 30, 2000 however, I did not file suit. Social Security Disability determined that I became or was disabled as of April 30, 2000 about 6 months later. Mr. XXXX and XXXXXX XXXX, MD are mutual friends and I could sense that Dr. XXX was not his usual self yesterday - I believe that I am being punished for my meth use in the past. Usually, Dr. XXXX is 100% on my side but, this time he delayed medical treatment. I left a message with the doctors office regarding the lumbar epidural and the refilling of my pain meds. today and have not heard back. My pain meds run out tomorrow and I am overdue for my lumbar epidural. Do I have any recourse? I left a voice mail on the XXXXXXX XXX Branch Manager, Mr. XXXXX XXXX today @ 12:20 pm PDT in reference to Mr. XXXX and XXXX. "I did indicate that I know a Hispanic gentleman by the name of XXXXXX whom I have a locker next to at the local YMCA. About 6 months ago he told me that he had a stockbroker and that his name was XXXXXXX XXXX in XXXX, XX. immediately, I had bad vibes and told XXXXXX that there was funny business in that office including a broker (Mr. XXX XXXX, whom I did not name) that "executed unauthorized trades in a big customer's account". That is grounds for dismissal and reportable to FINRA or NASD. Mr. XXXX and Mr. XXX continue to work in the financial services industry! I basically said that if things were not resolved in reference to my medical care, I would take Action. Thank you for your time. If you have any questions, feel free to ask. XXXXX xxx XXXX, XXX XXXX

Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  richanne96 replied 1 year ago.

 

richanne96 :

I am very sorry to hear about your situation, especially with your dwindling supply of pain medication. It seems more likely that the doctor is refusing to give you more medication because he has concerns about addiction. The fact that you admitted to him about your meth and marijuana use may have been a red flag to him that you have an addictive personality. He may have concerns about you additionally being addicted to pain meds and him getting in trouble for it. However, if so, the better approach if this is his concern would be to gradually taper you off, rather than cut you off altogether. Unfortunately, there is nothing legally that can be done to force your doctor to refill your prescription. Practically speaking, about the only thing that can be done is to present yourself to an urgent care facility or emergency room and explain your situation. It seems unlikely that you threatening to turn in the stockbrokers willl cause them to contact your doctor and basically say something to the doctor that will cause him/her to refill your prescription.

richanne96 :

The refusal to give you your injections is a bit more puzzling. Was your admission to your doctor about former meth use and marijuana use recent and in connection with your request for the CT/MRI? If so, perhaps the doctor has something against all drug users and you need to get a new pain management doctor (I realize Dr. W is a neurologist, but sounds like he is acting in a pain managment capacity in your case), now that the cat is out of the bag so-to-speak. Are there other doctors at the facility where Dr. W works? Or maybe go to a pain management center tomorrow? Are you in California now?

richanne96 :

My main piece of advice would be this -- even if someone at one of the stock brokerage firms did something to mess with your medical care, which screams HIPAA violation if your doctor was talking with them about your care, there is no private cause of action under HIPAA and even if there were, you need pain meds now, which means you need to get a new doctor immediately and worry about to whom and what you will report the stockbrokers later. But base it on doing the right, legal thing, rather than attempting to manipulate your doctor into doing his/her job.

<span class="JA_chatAuthorName"Customer:

richanne96, yes, request for ct scan or mri scan was due to concern from from drug-related or non-drug related such as heriditary genes for my loss of short term memory. My mother lost her memory several years ago. My brother forgets a lot too.

<span class="JA_chatAuthorName"Customer:

Please re-read my entire summarization as I believe you missed some key points that could change some of your answers. To be honest, I am not entirely satisfied with the quality of the responses especially given the fact that you neglected to mention the relationship between Mr. XXXXXX and Dr. XXXX.

<span class="JA_chatAuthorName"Customer:

At this time, I would like my questions and concerns be directed from a list of attorneys on your website. Such as attorneys I have already used in the past from my 17 questions. I will name a few in a few minutes. Thanks for your patience.

<span class="JA_chatAuthorName"Customer:

Originally, a black attorney popped up as my expert and it appeared he would answer my questions. I want that guy to be reassigned to my case. If not, then the second guy that popped up whom I also did some business with(Check my Expert responses in my 17 Questions, please for reference).

<span class="JA_chatAuthorName"Customer:

I believe that there was also a female in her 40's to 50

<span class="JA_chatAuthorName"Customer:

s to the left of my pc screen that popped up and i would have been satisfied with her as my expert. Please investigate why I was never assigned to one of these posted experts photo's and very large positive ratings. Thank you for your cooperation. I have been a loyal customer for several years and I have rarely had a bad experience on this website.

<span class="JA_chatAuthorName"Customer:

Please opt out from the Question page, I am requesting Paul MJD to answer. Please pick someone who has a thousand rating

richanne96 :

I am opting out as you requested. I would like you to know that most of the names of the doctors and stock brokers were XXXXed out in your original question which made some of the relationships difficult to understand. That said, I will opt out and hopefully Paul MJD will answer. By the way, I am a female in my 50s also. I hope Paul can help you.

<span class="JA_chatAuthorName"Customer:

I was awaiting a response from the other expert but, could not wait any longer. So, I contacted Just Answer.com and requested that we continue to work with each other until some other issues are addressed. FYI, my doctor refilled my prescription for the pain meds; I was more concerned with the withdrawls.

Christine-cssm41509.4551918519
Customer:

If you would like to opt back in, I can rate you and tip accordingly. Should I seek justice with this HIPPA Privacy concern or let it go? The brokers I have mentioned are aware that I have damaging info. that could impair their practice. Assuming my doctor and former co workers conversed about my back condition and drug use resulting in a delay of treatment - lumbar epidural: I suppose I could file a complaint with the CA Medical Board and or see a new doctor.

Customer:

That said, would you advise that I not wait an additional 3 months for lumbar injection per Dr. W? Should I play it by ear to see how my back does in the days to come, first? And, wait until the symptoms of nerve pain, compression and spasms worsen then, call back Dr. W. for epidural request? Or, simply walk away and seek a new doctor that will order a new MRI? Given this scenario, do I have a possible discrimination, defamation and or harassment, privacy case? Thank you in advance for addressing my c oncerns. FYI, I usually tip from 20-30%.

richanne96 :

I am glad your doctor refilled your pain medication for you. The problem with HIPAA is there is no private course of action; in other words, you can not sue privately for a violation. You can complain to the Health Department and/or the California Medical Board as you suggest. If you do so, you probably will want to seek out a new doctor. It does seem as if you need to make a choice whether to turn in Dr. W. I do not have medical training, and I can not know how you feel, but it does seem that if you are going to make a change of doctor, the wise thing would be to have the new doctor on board before you "turn in" Dr. W to anyone. In other words, make sure you have found a doctor you prefer who will give you what you need before you dump Dr. W.

richanne96 :

I don't know what happened here. I was typing and all of a sudden the screen went blank. I am going to exit and then come back in and see what of our conversation was saved.

richanne96 :

OK, the part that was lost was where I wrote about what claims you may or may not have. I do not believe you have a claim for discrimination because it does not appear you are a member of a protected class. You may have a claim for defamation. To prove this claim you would have to prove that someone (the stock brokers?) lied about you to your doctor and that those lies caused the doctor to alter your treatment and that the doctor doing so caused you damages. You may also have a violation of your privacy rights under HIPAA but no right to sue for that. I hope this is helpful.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response and for asking for me. The previous contributor was right about what she stated to you regarding HIPAA.

Also, under the new DEA prescription requirements, once a doctor learns of illegal drug use or use of the medical marijuana, they can legally refuse to prescribe any further to a patient. However, if the doctor is relying only on the relationship with your co-workers to make this determination here, then this has a potential for malpractice.

In order to bring any type of malpractice claim against the doctor, since it is not illegal for your co-worker to tell the doctor things about you it is only illegal for the doctor to tell the co-workers your personal health information, you are going to need to go to another medical expert and get examined and have them determine your previous doctor should not have stopped your care the way he seems to have done if he continues to refuse to provide you the injections. If that new doctor concurs the injections should continue and the doctor should have continued, then you have grounds to sue the first doctor for malpractice.

Since the doctor refilled your prescription that is one issue solved for now. The next issue you need to resolve is report the FINRA violations if you know of them and report them directly to FINRA for investigations. That will take the co-workers off of your back to deal with their own violations.




I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 1 year ago.

Paul, fyi, I no longer work at Morgan Stanley (Since 2000) and these incidents re: co-workers in violation of FINRA rules occurred back in 1999.


 


I appreciate your valuable advice and information. My back doctor has renewed my pain meds. and I did contact him yesterday regarding the epidurals. He was only concerned with the steroidal issues with lumbar injections and said that if I needed to book sooner, to just call into the office.


 


I really do not want to sue my current doctor for malpractice since he has been good to me all along. I do plan on seeing a previous back doctor on Monday to get his opinion on my my neck and lumbar. He is an orthopaedic surgeon and may order MRI's as he has in the past.


 


I cannot afford to threaten anyone with a lawsuit now as it has only gotten me into "hot water". Thank you for your time. Will rate upon reply back and tip accordingly.


 


Randy

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

I was not aware you no longer worked there and certainly not aware all of the FINRA issues happened in 1999, which really would make them moot for any purposes today.

It seems like your doctor is coming back around, so it does not appear any suit is going to be necessary, but at least now you know your options and what you would need to bring a malpractice claim should the event arise again.

Suing or threatening to sue any doctor for malpractice should always be the last resort, but it seems they are at least working out.

Thank you.
Law Educator, Esq., Attorney
Satisfied Customers: 90083
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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