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I am an Iowa resident, I am a retired/disabled Navy veteran…

Customer Question
I am an Iowa...

I am an Iowa resident, I am a retired/disabled Navy veteran who has had chronic and very severe back pain. I was refered to a pain management Dr who to his credit saw that it is caused by back nerves. While going thru the Bilateral branch blocks awaiting bilateral ablations of L2-S1. I have tried all sorts of DRs drugs the pain remains at an 8 of 10 and reaches 9 more often than not I have asked that he either put me first for ablation or manage my pain with Narco which he prescriber for a 5 day period and it allowed me some relief. Since then he has ignored any requests for narcotic relief and has not offered any viable pain management while I wait for the proven procedure. What are my options?

Lawyer's Assistant: What state is this in? And when did the issue begin?

Iowa, I have been seeing him for 14 months

Lawyer's Assistant: Has anything been filed or reported?

Just my survey responses

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I had lumbar fusion in Wisconsin in March of 2015

Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
11/21/2017
Lawyer: P. Simmons, Attorney replied 8 months ago
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 37,691
Experience: 16 yrs. of trial experience
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Lawyer: P. Simmons, Attorney replied 8 months ago

I am sorry for this dilemma. But not sure I understand your specific question. Is this a medical question or a legal question?

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Customer reply replied 8 months ago
Legal concerning medical
Lawyer: P. Simmons, Attorney replied 8 months ago

Thanks
So what is your question? Are you asking if the doctor is required to provide you narcotics?

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Customer reply replied 8 months ago
Do I have a case of malpractice?
Lawyer: P. Simmons, Attorney replied 8 months ago

Wait...what is the claim based on? That is, did you suffer physical harm because of this?

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Customer reply replied 8 months ago
Continual chronic sever pain
Lawyer: P. Simmons, Attorney replied 8 months ago

Thanks

To prove malpractice you have to prove 4 things

Duty: you must prove that doctor had a duty of care to the patient. This is typically easy to prove....Doctors will owe a duty of care to the patients they treat.

Breach: you must prove the doctor took some action or failed to take some action that breached their duty of care to the patient. For example, if the doctor made a mistake in the operation, that could constitute a breach of their duty to care.

Cause: you must prove that the breach by the doctor was the cause of the complaint. This is often the most difficult to prove...to prove medical malpractice requires a doctor with similar qualifications who can testify as to what the mistake was and how that mistake caused the harm to the plaintiff.

Damages: you must prove how this has harmed you. For example, the cost to have a new surgery completed would be part of the damages suffered.

Medical malpractice cases require the plaintiff (the person who files suit) prove the case with medical evidence (you have to have a doctor testify as to the first 3 elements (duty/cause/breach)

What you are describing, unless there is a doctor who would testify that it is a breach of duty to not prescribe narcotics? There is no way to bring a case.

And that will be your problem...it is becoming more and more common for doctors to NOT prescribe narcotics, because of the continuing evidence that shows the dangers of narcotics...so you would have a tough time finding a doctor to testify that not prescribing narcotics is a breach of duty...and even if you found one? That doctors opinion is NOT the standard today.

Bot***** *****ne: what you are describing is not a good medical malpractice case

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can sue over this but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Lawyer: P. Simmons, Attorney replied 8 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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