i have a plan to fight the abuse from doctors...

Discussion in 'Fibromyalgia Main Forum' started by sweetbeatlvr, Dec 17, 2008.

  1. sweetbeatlvr

    sweetbeatlvr New Member

    and not getting the pain relief i need, please tell me what you think.

    i, like alot of people here, have had a lot of bad treatment from doctors, and have not been getting the proper treatment that i need, and frankly i'm getting pretty ticked off by it.

    it is illegal to allow a person to be in pain. there are laws against not helping someone who needs it.

    my plan is to contact an attorney about it, explaining that i have a chronic pain condition, and that i am being refused any treatment (that works) to fix it, even after trying *everything* they have suggested. also explaining the degrading and awful treatment i have i gotten from some doctors, being treated like i am just a drug addict looking for drugs, and in turn having to suffer because of it.

    i'm then going to go to my doctor, again asking for help. if i am refused treatment again, i am going to kindly tell the doctor that i have contacted an attorney about my rights for pain control, and that i plan to take action if i am not given the treatment that i deserve.

    i am not going to be rude, and i will explain that i do not want it to come to that, but i can not continue to live like this, and don't deserve to either.

    i am hoping that the doctor will see i am very serious about this, and a) will want to help me or B) if not i will be taking a stand for all of us who suffer with chronic pain, and say I WILL NOT TAKE THE BAD TREATMENT ANYMORE!

    i believe any attorney will see this as a good case because it is illegal to not help a person who is suffering.

    what do you all think, do you think i would have a case? do you think the doctor will see i am serious and help me?

    i desperately need help, and just dont know what else to do.
  2. gapsych

    gapsych New Member

    I know exactly how you feel. It is frustrating, isn't it?

    However, and this is just my opinion, I think this thing could backfire on you. I am sure that he could get a judge to say that he is giving you proper care, (which he isn't).

    It would be the definition of treatment. He could say that he knows more medical information than you do. Again, I am not saying that you do not need pain medication. Many doctor's are being scrutinized for how much medications they give out.

    Take hope, there are other doctor's out there. Can you go to a pain clinic? I think that would be easier to hire a lawyer, maybe have to testify. These will not help your pain.

    This is my take on the situation. It sometimes seems we can not win.

    Take care.
  3. simonedb

    simonedb Member

    seems you need an advocate of some type, a counselor familiar with disabilities or the local disability rights office if there is one, someone to be in your corner and help you figure out how to best advocate for yourself in the system. i know it gets tiring trying to figure this all out, esp when ya don't feel good.....
  4. Renae610

    Renae610 New Member

    I think too much pain meds can damage your liver. That might be why the doctors refuse to prescribe more for you.

    Can you financially afford to get natural healthcare, that may determine the cause and present you with natural ways to reduce your pain? For example, if the pain is from inflammation, you could take Noni Juice and do ion cleansing.
  5. aftermath

    aftermath New Member

    Just be sure that it is the doctor being a jerk and not the crazy rules of the DEA that he has to adhere to.

    I know a lot of us here have been sick a long time and are in tremendous pain.

    Still, we have to be absolutely sure of misconduct on the part of a doctor before we threaten and sue.

    If I were a doctor, I wouldn't want to work with this patient population because of some of the the things I have seen on this board.

    For example, people discussing making a licensing board complaint against a doctor because he/she did not do an IgeneX Lyme test.

    The fact is that that test is still controversial and it is NOT malpractice if one doctor does not do it and a second later does and treats for Lyme.

    My point to you: The DEA has a lot of these doctors over a barrel with regard to pain meds. Be SURE that there is not an underlying reason why the doctor is not treating you with pain meds (e.g. DEA threats, liver abuse or anything else). Seek a 2nd opinion.

    There are so few doctors willing to treat this illness as it is. If our population gets lawsuit happy, we are even less likely to be treated.

    ME/CFS are finally getting their due in mainstream medicine (legit FDA drugs coming out, etc).

    Just be sure that you are dealing with misconduct and not something else before you pursue the legal route.

  6. Janalynn

    Janalynn New Member

    I think your intentions are wonderful. Meaning you want everyone to have proper pain control and treatment which I WHOLEHEARTEDLY agree with!!

    I'm afraid this might backfire as well. A Dr. can deny you as a patient for any reason. This might also cause him and others to stop taking pain patients altogether and put a lot of people in trouble. I would hope not, but it depends on how it is taken and handled. It certainly could hurt you in your community. I don't think an attorney can force any doctor to take you on as a patient.

    I saw my Dr. last week. I must say I'm one of the fortunate ones who has a dr. who prescribes. I am on some fairly heavy doses as needed. I came right out and asked her if there was anything she needed from me so she wouldn't get in trouble - i.e. urinalysis, pill count etc. She said no. I also told her that I had run out two days early. She said she didn't have a problem filling a few days early. Wow, I was surprised. She said there was a website that she
    'could' go on (she doesn't she said) that checks if patients are filling with other doctors. She did tell me however that if I need to go on anything "higher" I'd have to go to a pain clinic (which I've already been to and did not like at all). She's not as knowledgable and comfortable with pain control at that level. I've been on the same meds/doses for the past year and half.

    Some people are stuck with certain choices of doctors because of ins. restrictions, location, and just plain choice of doctors available. I would search til the bitter end to find a Dr. who is willing to help. Now to me, that does not just mean one who will prescribe pain meds, but one who is truly concerned about me and my quality of life. Sometimes those two things overlap.

    I am extremely honest with my Dr. I tell her all of my concerns about medication - but I didn't go in with the 'stigma' attached to my approach. Heck, I wasn't aware of it truthfully. - not until I started reading here and on another board. I also had no clue about "doctor shopping", my philosophy is you find a doctor that treats you - who cares if it takes 3 to find that 1. I'd certainly be able to explain that to anyone who asked.

    I agree that you and others (WE) need an advocate. Heck, I'd be sending articles in the mail anonymously about pain control to that doctor - I'd do a mass mailing while I was at it!! Some doctors will be stuck in their ways of thinking and treatment and when you get one of those, you need to move on. In medicine in general, you can find two Dr's with two different views on how to treat. One will say take this, one will say not to.

    Sorry - getting off on a bit of a tangent. I feel your frustration. Like I said, your intentions are admirable. Just remember that a Dr. can refuse to treat you for any reason - unfortunately.

    As someone else asked (can't remember, sorry) have you tried a pain clinic? Have you been given anything for pain?

  7. sweetbeatlvr

    sweetbeatlvr New Member

    it's not like i want to be sue-happy. i've never thought of suing anyone in my life, and i really don't want to do it to anyone now. it's not for anything but that fact, that i desperately need help.

    i have flat-out been treated like crap by doctors, treatment that could easily be considered abuse (ie a doctor inflicting pain, and when i screamed and jumped up a few inches from the table, he sneered and said, "that didn't hurt", and continued to do it 2 more times!)

    i like the idea of seeing a patient advocate, i'm going to do that first. if that does not help, i'm atleast going to contact the attorney for advice on what i can do.

    i should not have to suffer the way i do, it's not right, it's very inhumane.

    i'm not on anything for pain, besides the ibuprophen or tylenol i take out of desperation, that does not help in the tiniest bit.

    this is seriously depressing. i never thought in a million years that i would not be able to get the help i needed when i got sick. i have tried every drug, and every therapy they have suggested for me, but still suffer.

    i am a legitamate pain management patient, and was even treated badly there.

    hopefully it will not come down to anything near needing to sue, but i thought an attorney could atleast give me some good advice on my rights.

    thanks again everyone, i appreciate all of you.
  8. Janalynn

    Janalynn New Member

    Great advice from Kina. I think you need an advocate just to go with you. That person can be anyone!

    Sometime FM pain is intense and needs pain meds. My FM is not inflammation so anti-inflammatories would not help me (besides I'm allergic). Of course, we're always sorry to hear about people having horrible experiences with pain medication but sometimes it's the only thing that gives some people SOME quality of life.

    I am sorry that you have been treated so horribly. It's a shame that Dr.'s who we hire have so much power and control. I wish you lived closer - I have a great doctor.

    Ya know, my girlfriend who has Fibro sees a psychiatrist who treats her for everything. I forgot about that. He prescribes all of her sleep meds, pain meds, thyroid meds everything.
    Have you considered that route?
  9. Jgavi

    Jgavi New Member

    What type of Dr are you going to?

    Many chronic pain people try and use a REGULAR Dr which is wrong, you need to go to a pain clinic and get help. If the pain clinic Dr doesnt help you than ask why and get it in writing why they refuse to treat you.
    Any Dr can refuse to treat you but it would be very rare for a Dr who is trained to treat chronic pain to do just that.

    There was a pain Dr we had one who wouldnt treat FMS any longer since it was
    over whelming his pratice, which is legal for him to make this choice.

    Give us more details on what Doctors you have been to, what have they said, etc.
    you must try more than one Dr.
    Threaten a Dr with legal action is not a good idea, word gets around and then you will never get help in your area-the ball is always in their court, you dont have a case.

    thanx, GAVI
  10. monica33flowers

    monica33flowers New Member

    Every dr. appointment I go to I either go with my mother or my SO (Randy). It is amazing when he says I have pain issues they are taken seriously, more so, if I went in alone.

    I recently went to the ER for a migraine. My mother took me in and sat their the entire time. The dr. had no problem giving me a hefty shot of dialudid and sent me on my way.

    I swear having someone (anyone) with you when you see a dr. makes a huge difference.