Is it possible to sue my pain management doctor

This is a discussion on Is it possible to sue my pain management doctor within the Other Healthcare Law Issues forum, part of the HEALTHCARE LAW & MALPRACTICE category; i was wondering if it is possible to sue my pain management doctor for takeing me off my medication that ...

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Old Jul 30th, 2010, 11:48 AM   #1
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Default Is it possible to sue my pain management doctor

i was wondering if it is possible to sue my pain management doctor for takeing me off my medication that i been on for over 5 years.
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Old Jul 30th, 2010, 03:15 PM   #2
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Default Re: Is it possible to sue my pain management doctor

I wish to inform you that you may file a suit against your doctor if he is negligent in his duties. In this regard, you may have to show medical reports that you still needed medication but your pain management doctor has stopped the medication negligently. You may give a written notice to the doctor stating all the facts. If the doctor is unable to resolve the matter, you may file a lawsuit if it is within the time period of Statute of Limitation. You as the Plaintiff will have to provide evidence and prove the tort of negligence of the doctor. In this, you will have to show that - the doctor owed a duty to you, there was a breach in the performance of the duty by the doctor, this breach resulted in an injury to you as a result of which you are claiming damages. The court will consider all the facts and decide the matter.

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Old Jul 15th, 2013, 06:21 PM   #3
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Wink Re: Is it possible to sue my pain management doctor

Hi I am having the same issue and I did not want to even go to a pain clinic. I have been on the same pain medication and dose since and now the Pain management doctor want to ween me down to what i should of been on in the beginning 9 years ago and of course I have way more pain now. He doesn't care. So I am going to try and sue him too. Thanks for helping me decide what I had to do.
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Old Jul 15th, 2013, 07:45 PM   #4
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Default Re: Is it possible to sue my pain management doctor

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Hi I am having the same issue and I did not want to even go to a pain clinic. I have been on the same pain medication and dose since and now the Pain management doctor want to ween me down to what i should of been on in the beginning 9 years ago and of course I have way more pain now. He doesn't care. So I am going to try and sue him too. Thanks for helping me decide what I had to do.
Good luck with that.

It's not necessarily that you are in more pain now, it's that it takes far more of the same medication to give you the same relief you could get when you started taking the drugs. He's probably trying to wean you down because he recognizes that you are likely dependent upon the medication - to the point where you are now addicted.

The best solution here would be to switch you to a different pain medication (one that far less addictive), or perhaps try a different non-drug therapy to reduce your pain.

You can try to sue, but this is a battle you aren't likely to win.
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Old Jul 15th, 2013, 08:32 PM   #5
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Default Re: Is it possible to sue my pain management doctor

Pain medications become addictive. Over time, your brain reacts and artificially creates the interpretation of pain to signal you to take more opiates. If a doctor discovers indications of addiction, they would be negligent to not get you off the addiction. If they discover you are illegally supplementing the drugs in violation of your opiate contract, they will completely terminate the relationship. I suggest you sue whomever has been taking you to pain management for 9 years at gun point. The doctor is not liable for anything.
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Old Jul 16th, 2013, 06:03 AM   #6
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Default Re: Is it possible to sue my pain management doctor

Contact a lawyer. Medical malpractice cases aren't often settled out of court and you're not likely to win if you represent yourself. Experienced malpractice lawyers may offer to work for you on a contingency basis, if they believe your case has merit, so you won't have to pay money up front.
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Old Jul 27th, 2013, 12:13 PM   #7
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Unhappy Re: Is it possible to sue my pain management doctor

I am the one that has been on Pain med for over 9 years actually the Same Does and kind. Then i was made to go to this Pain clinic. Which the Doctor I am sure did not look at Everything wrong with me, I cryed for over 2 hours the first time I was there trying to get him to look at my files better including the papers I have with proof of some of my problems. I have Arthritis in all of my body, fibromyalgia, vein problems in my legs that is very painful, also back problems. I also have TMD of my face-jaw which is terrible Pain an headaches, along with everything else including Hip and knee problems. Do you think I enjoy having this pain? I already felt Quite a bit of pain even with the Doses I was on and was fine until he had to lower the does an make me wear the patch for 3 days which my Doctor of many years who left to work in a hospital about 2 years ago had me changing it every 2 days and it even says to do this in the Insert that comes with the medication. Its says do that or raise it first. I am having bad leg spasms on the night before I am to change it and I cannot sleep so so much pain also. I have not done nothing to deserve this all of my Piss test have come back with flying colors I even have copy's of them. So now do you think I have a Case with a Lawyer?

thanks for letting me vent
Sandy
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Old Jul 27th, 2013, 12:19 PM   #8
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Default Re: Is it possible to sue my pain management doctor

No Sandy, I'm sorry. There is a period where your brain will create pain where it does not exist. I suggest you request a supplemental script for Motrin 800 mg for inflammation, a script for muscle relaxers and if the leg spasms continue, try magnesium/potassium or later, a script for Klonopin or Levadopa-Carbidopa. I understand your pain. The last round of severe pain I suffered, came a month after I had just bought a new house. I used to stop and cry regularly at work for years.
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Old Jul 27th, 2013, 12:24 PM   #9
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Angry Re: Is it possible to sue my pain management doctor

hi what are you talking about my brain creating pain that does not exsist. I know all about what the medicines do so I do not need lectured on that. If you read my reply you would see that there is actual pain there and it is not in MY MIND!!!!!!
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Old Jul 27th, 2013, 12:32 PM   #10
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Default Re: Is it possible to sue my pain management doctor

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hi what are you talking about my brain creating pain that does not exsist. I know all about what the medicines do so I do not need lectured on that. If you read my reply you would see that there is actual pain there and it is not in MY MIND!!!!!!
Relax Sandy. I am not saying you do not suffer pain regularly. What I am saying is that in addition to those pains, withdraw from opiate medications causes your brain to react by initiating cravings that mimic pain signals in an attempt to encourage you to take the opiate meds. Not increasing the dosage causes the same thing as the effectiveness of the meds declines with long term use. Supplementing with the meds I suggested can offset that fluctuation. If you doctor does not want to increase them, could consider going off them completely and shifting over.
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