Can they do this?!?!

[FightinBroncos]

I've had back pain for about 10 years now. I started off with physical therapy and worked my way up to 20 mg of oxycodone 4 times a day about 4 years ago. I have 3 herniated discs in my lower back 1 with a tear, 1 in the middle of my back, 2 in my neck, degenerative disc disease through my entire lower back, and arthritis through my entire lower back. I've been to two well respected surgeons that said I need surgery but they don't want to do it yet because I am too young (not 30 yet).

Anyways the doctors office I was going to was closing down and a month before they closed I received a letter stating that my doctor who is been seeing will be at this new doctors office starting July 1st along with a few other doctors from the previous practice. I thought ok no big deal business as usual. So I call on the 17th to make an appointment for 18th, 20th, or 21st as my script is due on the 20th. Well after calling them I find out my doctor never did go there and the other doctors from that practice won't be there until July 27th. This is my first issue. So talking with them on the 17th I explained my situation in which their response was "ok we'll check about calling your prescription in and call you back." Well no problem there I thought. Well no one called by 4:00 so I called them and the office was closed. Ok that's going to be cutting it close but I'll manage.

I call them Monday the 20th as soon as they open and ask about them calling in my prescription it is then I'm notified they do not prescribe that type of medication at this doctor's office because it's considered a controlled substance. I felt like they spit in my face. Now I'm going to go through a lot of pain, suffering, and withdraw all based on them not mailing me a letter when they mailed the other letter stating they do not write scripts for a medication I've been prescribed for the past 4 years. I work at a company and now last minute I have to tell them hey so I may not be able to make it in for a few weeks because I'm going to be going through a lot of pain, suffering, and withdrawl symptoms. I have a wife and 2 year old to support. When on the medication I function normally with no issues only slightly higher pain somedays that I can't hide no matter how hard I try. I don't smoke, don't drink any alcohol, I do nothing but what was prescribed to me for my back. So now that the doctors office took this route I will be in terrible pain, I'll lose out on pay, hopefully I don't lose my job, and now with presenting this issue to my work a whole 2 days in advance I probably won't be receiving that promotion that I've been training for, and who knows how I'll come out because I had a lot of pain before I was prescribed pain meds, I may not be able to pick up my daughter.

   Is this legal? To tell someone their doctor's going to be in their office when they're not and they don't even know where she went, to not inform someone that though they're the office my file is transferring to they do not prescribe my medication, and to blantantly lie about looking into filling my script? Anyone?

[philnoir]

Unfortunately, this kind of thing happens all the time, and pain patients suffer.

Practices close, papers get lost, new doctors are not willing to cooperate with the treatment plan of old doctors, whatever. It is entirely legal, and not worth the expense or aggravation of pursuing an action through the courts. You can complain to the state medical board, but how will that help you today?

The smartest thing would have been for that doctor to issue you a post-dated Rx for another month of meds, giving you the time to get setup with the new practice, or find another. This use of post-dated prescriptions for controlled substances is completely legal and approved by state and federal regulatory agencies.

If I were in your current situation, I would have gone to my primary care doctor for coverage until I found a new pain doctor. However, some people use their PCP for pain management, and if that's the case, you are without that option.

How can you best deal with this situation quickly and cleanly?

[Tuckamore]

Hi and Welcome.

I am so very sorry to hear about your situation. Is it legal, probably not. There's a Patient Abandonment Law. This refers to withdrawal from treatment of a patient without giving reasonable notice or providing a competent replacement. Obviously there is a lot of legal mumble-jumble in abandonment litigation. I would certainly contact an attorney. Do you have all this in writing? -  Meaning a letter telling you this MD was transferring to a new practice and would continue to treat you - or did the letter say you should look for another physician ?

This does not help your immediate situation. A call to an attorney will provide you with better information. I don't know if you have anything to lose at this point by calling that practice and simply saying, "Isn't this patient abandonment?" You should have been provided a months worth of medications to allow you time to search for a new physician. I do believe that's the law.

When push comes to shove we are at the mercy of our PMP. It's not right and it's not fair. I believe as does another member that some day an astute, go-getter attorney will take on these new laws - or a PMP and will win the case for the chronic pain patients. I'm afraid sadly -  until that occurs the War Against Chronic Pain Patients will continue.

Start your search asap for that new PMP - and don't give up trying to get a months worth of meds from the office that has absorbed your former practice. This is so unfair!! I'm very sorry that this happened to you.

Please keep us posted. I'd love to hear the outcome - and how you are doing. I'll look forward to hearing from you. You're welcome here and please feel free to comment further or just vent. I do - and so do others.

My Best to You,
~Tuck