Is This Considered Negligence?

Updated

Ok I have several things this Dr has done to me over the last 3yrs and also back in 2012-2014. I first saw them in December of 2012. I had just had my 4th child in August and I was 40 yrs old. Their dad left while I was pregnant. I stumbled upon him at the Drs office for my baby, because I was in so much pain and could barely hold and feed him because my arms and hands fell asleep at night and were so numb and burned to the bone. Long story short, they recognized something was obviously wrong with me, so she referred me to a Dr that comes to her office once a month to see Medicaid patients. I made an appt (and mind you I had never been prescribed any pain pills stronger than Norco 10/325's in my life). The specialist put me on those for maybe 2 months, and then Fentanyl patches 50 w/ Neurontin and Vicodin for break thru pain. 2 months later they upped my patches to 75. I was still in pain all the time. Instead of doing tests or referring me to a rheumatologist or chronic pain Dr, the nurses kept saying they couldn't find any places that took my insurance!

So they gave me more meds (which I didn't mind anymore because I was depending on them now). During every visit I was alone in the room with him and he always kissed me and hugged me and when listening to my heart he would put the stethoscope on my bigger breast! And I was telling him that my knees hurt very bad and one was hard to walk on and it was affecting my sleep and going up and down stairs etc, he would focus on my lower back and stick his hand a ways down back of my low rise jeans to see and feel my butt crack! Anyways, one time he gave me my script and appt for 4 weeks later. But I went in the next month and there was no Dr - just the nurse practitioner that ran the place. Nurses said that they need to reschedule for next week since he's not here ... What about my pain patches?? Nothing they can do they said.

So I go home with a toddler mind you and start withdrawals soon after and I couldn't take care of my son, my dad offered me a 10mg methadone pill so I took it and felt good again then I go in next week and they drop a u/a on me and take the patches away even after I explained that I had to have something because 4 week supply but don't see me til 5weeks what are people supposed to do? So he tells me he has no problem give in me my script in another month if I pass the U/A, but the nurse practitioner that owed clinic said no I want her gone! So I got new Dr and no pain meds for months and then all he gave me was ultram and only 2 per day that's like eating candy I used to be on it for over 10 yrs at Max dose. He got me into a rheumatologist within a month and an Ortho Dr for my knee and I had a torn menicus and had surgery, was diagnosed with arthritis and spinal stenosis, and degenerative disc in my cervical spine. And very very low vitamin D levels which helps relieve some of the pain and burning I was having, but he didn't do anything but get addicted to fentanyl and drop me! Well I live in a rural town without many Drs and not all are excepting new Missouri Medicaid patients, so in 2016 I had to start seeing him again except this time in his office not at the other clinic I seen him before. Now I go in with debilitating pain in my legs and telling him I can barely walk now for any period of time without feeling like I have 50 lb weights on my ankles! I had lost 30lbs with out trying, (mind you I still had 50lbs of baby weight from 2012 I couldn't lose) I also was chronically constipated my whole life, but was suddenly I couldn't eat anything without going to the restroom right after. So he finally did blood work and then 24hr urine count.

My inflammatory markers were high of course, and I had protein in my urine, I didn't know what that meant but they said he was going to order more tests and never did. He put me on Tylenol 3's for over a yr I took them and didn't complain or go to other Drs or ER'S trying to get something stronger even though they didn't help much, then he finally gave me norco 10/325's 2 Dy for a few months then 4 a day, and I never signed a pain contract til I went in this past August to get my refill and I'm waiting for Dr to come in and the door opens and it's his old nurse that's been with him since the beginning of time and the nurse that checked me in, and she said we need a U/A due to the fact that u are on 2 Antipsychotics!! Um what? Xanax and Adderall she says (I have narcolepsy and anxiety) I said neither one of those are antipsychotics! She says Adderall is for adhd I said I have narcolepsy no add! And xanax is a benzo! But what's this have to do with anything ive been on Adderall for 20yrs and xanax for 10 off and on, so I do the u/a and get my Norco script and leave, I call next month to get appt and she says didn't u get a letter from us? No! What letter? She said you should of gotten a letter from Sam the nurse about your U/A, she reads my correct address to me, then tells me I didn't pass the test and I can not get the Norco any more! That I tested positive for methamphetamine and methadone! I have not taken methadone pills in over 4yrs I don't even have access to any! And I most definitely didn't do METHAMPHETAMINE! I am aware of false positives sometimes, I said next was that no one bothered to call me and the letter just mysteriously didn't come in the mail, I wasn't asked what other otc things I was taking or nothing, and being on Adderall for as long as I've been there is things and a good chance to get a false positive! No one wanted to listen!

So then I got ahold of him on Facebook messenger because we are friends on Facebook, and he suggested that maybe my boyfriend slipped me the drugs because he used to have a problem and this is small town. But he told me to come in and he would wing me off them instead of just dropping them, because I told him that regardless of me not passing I thought it was not professional at all the way it was done and I was treated! I decided to not go back on the pain pills, so I laid here for what felt like forever sick and hurting so badly withdrawing on top of having a RA flare up. Then here's the kicker it's now Nov and I call pharmacy to see if my xanax is ready and I was out of refills and they said Dr said needs to see you which I knew if no refills so I call Drs office to make appt and the receptionist known as the office witch, says what are you needing to be seen for I say my xanax I'm out of refills he told pharmacy i need to be seen, she says i thought we weren't doing them anymore? I said huh? No that was just the hydrocodone, cause I've been getting them still for 3 months. Put on hold she comes back and says I was right you can't have them neither! I said what? Why? Because they are a narcotic, no they are not they are a scheduled class drug but not narcotic! So I said I can't go cold turkey from these! And why wasn't it on the letter the Dr finally sent me after all that in August just no more norco and why have I continued to receive them every month since without issue? So I said you will be hearing from my lawyer. Ok and I left out that if I could of gotten diagnosed with rheumatoid arthritis yrs back and given Enbrel or Humira then I might not have a bowed leg now and deformation on my thumbs and digits. I can't function without the xanax right now i don't understand how they can just do this stuff to people they are employees of ours is how I see it I'm tired of being ignored it or throw away or used for office visit money from Medicaid and not getting proper care!

11 Replies

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1

Michelle I feel so sorry for you the way you have been treated like some junkie. I see my doctor every month for spinal stenosis disc disease siatica and a whole slew of back pain and nerve pain in my left leg due to multiple botched surgeries on a broken ankle. Things need to change there are chronic pain patients suffering because the FDA has gotten into our medical records and our doctors are afraid to prescribe us the meds we need. I fear that my next appointment my doctor will not prescribe my meds which is minimal due to fda regulations. I take norco 5/325 4 a day, it barely touches the pain but I am afraid to ask for anything stronger. This sucks we need someone to stand up and speak out for us.

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2

I understand how you feel. I'm under pain contract and the government is so strick about getting pain meds it's disgusting. They need to go through what we do and they would sing a different tune. I'm waiting for surgery on my neck c2-c-7 vertabreas fused with screws and plates. I pissed+ for alcohol we busted out laughing I drink a glass of wine or champagne 3 times a year but I've been taking OTC Robitussin which has alcohol in it and I had filled a script last year from being discharged from the hospital the hospital had them filled out my knowledge then pop+ for trace of weed from eating poppy seed bagels and all I'm getting is 2 baclofen 10 mg a day muscle relaxer a butram patch 15 mg lasts a week. And I cry daily in pain. I take Tylenol 500 mgs 4 every 3 hours and still in pain. After surgery I'm planning on getting pain pills out of country and get some relief and tell pain Dr to stick it up his ass.

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3

Whatever state you are in, why haven't you complained to the state? You have so many infractions against the people supposedly treating you, I can't list them. I'm on Medicaid in one of the worst states I hear, but I can make an appointment with any doctor. You sound like you're on socialized medicine. But you do need to see a specialist and get better first.

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4

Michelle,
I really can relate. I was treated for 3 yrs for a leg ulcer at the age of 40 yrs old and it actually turned out to be Necrotising faciitis or flesh eating bacteria which can kill within hours. Long story short, I lost most of my shin, but thank God I kept my leg (although now I suffer with a damaged heart and virtually no circulation in my left leg and cellulitis in both legs on top).

I'm still angry because declined me for skin graft and think I wouldn't have so much infection if I'd had the choice but it's a hard and corrupt system we would be picking a fight with.

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5

I’m sorry you’re having such a tough time. A couple of things: First, remember that there isn’t a federal law on prescribing narcotics. As I understand it, some states have passed laws on this, but only a very few. What doctors are referring to is a CDC guideline. The American Medical Association passed a resolution stating that doctors have a duty to appropriately prescribe and treat their chronic pain patients. What your doctor has been doing to you re. your pain meds is inappropriate. Second - he sounds sketchy in the extreme with what seems like sexually inappropriate behavior towards you. I would suggest that you go to the clinic you’ve been seen at and get your medical records. It’s important that you see what they’ve documented about you. After you get your records and review them, you can make a decision as to whether or not you want to see a malpractice attorney. Malpractice attorneys will sometimes offer a free introductory visit to evaluate if there has been malpractice. Good luck!

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Re: Beth (# 5) Expand Referenced Message

I'm not going to look them up, but I think there are many states who have laws about controlled substances. The states that don't are the ones who have the problems & we read about in the news. I live in the 2nd or 3rd largest state & you rarely hear about abuse of controlled substances within the medical community because they passed strict laws years ago. If a person is taking a controlled drug, their name is on so many lists. lol I take Xanax & I feel like I'm 5 years old. Most of the time it doesn't bother me because I think these laws are needed, but it can be daunting if you're legally taking controlled drugs & you have an issue.

But this situation with Michelle is way over the top.

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7

Re: Beth (# 5) Expand Referenced Message

Sorry, but I feel ya. I have been treated a lot worse from Doctors and Pharmacy Staff on a lot less ReFills. I'm on Medicare because disabled but worked for years before Doctors crippled me up. I'm being treated poorly on the Xanax Refills now because of BEING A MEDICARE PATIENT. I paid in for years and pay all Co-pays, Coinsurance when I go for treatment. So I see what I was thinking is true that MEDICAID PATIENTS don't stand a chance if MEDICARE PATIENTS are not getting proper or professional help with Chronic Pain.

I never failed any urine test either ,but stories that are outrages are told on a daily about why I can't get all my Refills. It's so disrespectful and hope somebody is forced to answer to us. We didn't drug ourselves so cold turkey is dangerous and wrong. Should be taking step down process to get Meds out of system, not just stop.

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8

Re: Beth (# 5) Expand Referenced Message

I totally agree with Beth! Do not let them intimidate you about getting a copy of your own records even if you have to pay something for them get them! You do need to know what's in there. I was turned down by an insurance company for just a small amount to cover my burial expenses and a little left over for my daughter. This is a very reputable insurance Carrier and they say that regardless of pre-existing conditions on and on. And it took over a month to get a reply but they turned me down and sent me packages for my grandson's to ensure they had all the information!

But I was even told on their paper that I could get a certain amount of records back that I have on me. But there's something that the paper said I would not be able to obtain! I'm going to send for the information because I don't know what could be so bad that I got turn down. Yes I've had surgeries I'm had my share of falling accidents and breaking bones but nothing outrageous! So I have started already asking my doctors for copies of records 2 years ago. I'm trying to get copies of x-rays and the doctor's notes right now and have been for 3 weeks. And it's going to cost me a little money but it's worth it! Personally I would have stopped seeing that doctor. When he started sexually advancing toward you he should have been turned in!!!

And I've had my own experiences of pain and narcotics and UA's! And have been treated like a dog at times. That's why it concerns me very much about the government stepping and and really laying it down heavy on the Doctors and especially the patients that are truly suffering with pain! I know so many that are being yanked off of their pain medication in pain management! Cold Turkey! No help with a step down a detox for withdrawals. I agree that there is a problem with people abusing prescription medication and selling it and dying, however there has got to be a better way. I truly believe that all doctors prescribing pain medication for any length of time should be able to and also be compassionate enough to withdraw their patient slowly... step them down and help take them off! Because from one I'm saying that's not happening there is a right way and a wrong way to do it! Well God-bless you and Heal you!

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9

Your post is pretty long, but I finally read all of it. Why aren't the doctors trying to fix what is wrong with you instead of giving you all that pain medication? Then they don't let you get the medication they have given you instead of diagnosing & fixing a problem?? As long as the current administration is in office it is going to get worse. Plus, I think Missouri is one of the worst states in taking care of their citizens. I thought my state was bad. I wish you could find a doctor to diagnose your problems that could be fixed w/o taking pills. I've had meniscus surgery too & it sounds like you might need another knee surgery. It also sounds like you have anxiety because of the way you've been treated. But one thing that is good - they care about you not mixing certain drugs. I wish you luck. My only advice is to get out of Missouri which I know is stupid advice. But really, good luck.

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10

Re: Deb (# 2) Expand Referenced Message

Be very careful Deb, I've had tramadol, codeine, dihydrocodeine, oxycontin, diazepam and clonazepam out of country over the years because of G.P'S inability to prescribe pain killers or muscle relaxant's - they think everyone's a potential junkie with a list of medication they want. I just wanted to manage my pain but the only real medication i ever got was diazepam, which helped, but it was too expensive in the long run. Sometimes you have to tell a gp what you need if you have an existing problem with pain.

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Re: Sandy (# 9) Expand Referenced Message

Hi. Well, first I had to find out what you were diagnosed with, that is the beginning point. So you said you were diagnosed with a torn meniscus, rheumatoid arthritis, arthritis, degenerative spine issue, cervical disc issue, and stenosis, or similar. Then you talked about having been on some medications for years, Adderall and Humira, if I remember.

So, you must have had to take either an MRI or an XRay to have someone diagnose and treat you with those issues, right. The spine issues and the torn meniscus are pretty serious, and as for the latter you must have had a procedure of some kind to treat, heal that.

As far as I can tell, you also stated that you were offered some medication from your father, or father-in-law, and that your ex BF “might have” put something...I assume that meant in your drink, etc.

So, what you really need is to work with a Pain Clinic, so that they can address what you have as a variety of issues. I have degenerative spine disease myself in several lower back (lumbar) areas, a chronic bilateral shoulder impingement issue in both shoulders, and a 40 year history with a hip disease so I too have gone the Fentanyl route and yes, it causes severe constipation, and some other neurological side effects, etc., But I have no other options. If I wasnt on this medicine it would have to be something else, and we’ve been there. I’m at 150mcg Fentanyl patches, and sometimes I only do 100mcg and add the 50mcg patch when and if I need it.

I dont know if your doctor did anything wrong, but reading your comments, I doubt it. It is only YOU who can take charge of your life, and manage it. Unless your doctor handed you a Fentanyl and Methadone RX without ever having talked to you or examined your past medical history then he or she didnt do anything. Now, you said you reached out to someone as they were a “friend” of yours, on Facebook. Being a friend of an MD is very wrong. I dont know if it is unethical, but given your issues, I doubt any MD would be prescribing all these opioids, etc, to any client/patient who was a “friend” on Facebook or otherwise. Now, I have strangers reach out to me on Facebook, but they arent friends, a friend is someone who I trust, I have known for a long time, etc, have met in person, eat out with, cook for, buy presents on birthdays, etc.

So, finally, I know that disease can create some serious side effects; here is one, that I am ashamed to admit to: I dont like talking on the phone. Ever since I started taking the Fentanyl, well about 5-6 years later, I got this weird side effect and it basically means that I cant sit down and take a phone call, anymore, I cant sit still. I walk all around the apartment, and cant sit still. Now I know this is a side effect because I meditate and have been for years and years, and I can sit still for lots of other things.

So, the fact is that you need to just gather your files, and lower your expectations, and find a pain clinic so they can manage your meds, and your illnesses. You never mentioned anything about substance abuse or alcoholism and that worries me. Your BF who had a problem with drugs, the comment that someone in your immediate family offered you one of their controlled meds, a narcotic or opioid, well, you really shouldn’t EVER be taking meds not RX to you, and by a professional. So I wonder if you have a history of substance abuse. If you do then this really creates LOTS of additional issues. It could be smoking weed, it could even be having a couple drinks every night.

And I dont want to know this, I’m just saying that you need to be fully open about your illness and ONLY seek the care of trained MDs. Not the pharmacist, or this person or that. The side effects like the constipation, I know, are a nightmare, and medicine cannot cure you, all they can do is treat you. So that is why i said you might have to lower your expectations: start controlling your life, and not letting these illnesses control you.

Also, you dont need to talk to strangers about your illnesses, because god knows that people are judge mental, they may not understand you or your illness, and then start making suggestions that are not helpful to you.

And, you might consider going into a treatment facility to wean you off ALL these drugs. Now that you are sick, and you know what that means, answer me this, or answer to yourself: has taking Adderall all these years made any noticeable improvement? What if you stopped that one? What if you stopped taking the other medication, i think its for RA? How high would your pain level be if you stopped taking the Fentanyl? Could you cut it in half, and are you willing to to to a detox of some kind to get off of any of these drugs?

These are questions I have asked myself and only take three medications now, Fentanyl, and Naproxen, and my answer, for me, is no. But ive given up the occasional sleeping pils for the insomnia, and the PRN Morphine because it wasnt working at all. And yet, Fentanyl takes care of my pain, or about 80 percent of it.

Also, you might benefit from medical marijuana, maybe. But not in addition, I mean you dont want to add another drug to the combos. But you might be able to give up some of the pain meds, and try the CBD oils, or the oral solution to take care of those issues.

Again, I think the goal should be to stop taking so many meds because of the side effects, which will only get worse as you go along. So, I hope this helps. Be well and seek out a Pain Clinic.

Also, before I go, I am a Buddhist monk, and live on disability, I used to live in the US but I cant go because I could never afford a rent in Boston on a check of 1000 a month, so I’m actually stuck in Canada. That is exactly how I feel. So, being poor, that was the point I wanted to make, I know that we have limited funding, BUT I did go see the massage therapist when I could, and make sure you see someone who is licensed, and has studied anatomy, and has at least 500 practice hours. Also, I saw an acupuncturist when I suffered, as I do on occasional, bouts of pain that my pain meds were not taking care of, when I was in absolute horrendous-I-want-to-die pain, and on those three occasions, the pain went away that day, or writhin the treatment itself, and stayed away until the following bout a month or so later. So think of that. If you are LGBTQ there might be a center that has some of those services for free or at reduced cost, and you might not even have to be LGBTQ to get that benefit, its just that they are open minded enough that they started offering those services to HIV and AIDS patients, decades ago.

So, those things might work and provide you, as it did me, a benefit that no medication had yet been able to offer me, and that is what gives us hope.

Finally, I think of this comment often: the practice of medicine. Yes, they are practicing, and that means that there isnt always a cure. Just like for the cancer patients, sometimes there is and sometimes there isnt and we too, those of us who live with these chronic and debilitating, life-changing issues, experience. We have to have the gratitude to know that we are at least still here to fight, and cling to the fact that with every passing day and year there comes an opportunity to heal, to discover new therapies, new treatment modalities that might help us.

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