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Doctor Shopping
I have been charged with doctor shopping due to I had received hydrocodone from two different doctors. I was fired immediately by the doctors offices and all of my prescriptions were cancelled.I am struggling due to I had been taking several medications such as anti-anxiety,antidepressants,muscle relaxers,meds for nerve damage,etc for over 20 years and these were abruptly stopped also.I don't know where to turn or find out what to do next.I was scheduled for another back surgery which was cancelled because of this.I am terrified with this felony charge and extremely sick from withdrawals from all of these meds.Any advice would be appreciated.
Holy Mackerel, that's a good post.
Nursegirl, that is an incredibly, amazingly, great post. Well done.
Molly, you should read it, think about it, and then read it again. I'm so glad to hear you have a lawyer, good luck to you.
Nursegirl, that is an incredibly, amazingly, great post. Well done.
Molly, you should read it, think about it, and then read it again. I'm so glad to hear you have a lawyer, good luck to you.
COMMUNITY LEADER
I just read what you wrote. Start a new thread and tell us what is going on. We are here to help you~
I am afraid of being accused of doctor shopping as well and I am wondering what state you live in? I want to know the legal process. I'm sorry this has happened to you. I understand how scared you are about being arrested and going to jail. I'm sick to my stomach just thinking about it.
Oh my goodness, what a terrible situation, I'm SO sorry you find yourself in it. Doctor shopping is indeed a crime, but I agree with the others that I doubt you will have any severe consequences. If I may, I'd like to ask you a few questions, of course only answer what you're comfortable with.
*Like sarah asked, were you taking more than Rx'ed? Did you run out early ever? If so, how many times?
*Which two doctors (ie, PCP and specialist..not names obviously) were you getting the hydrocodone from, and what were the circumstances behind it, was it multiple, recurring scripts, or was it just one or two? Was one an acute script (ie, an ear infection) and was one a chronic script (ie arthritis)?
*Did each doctor know you were seeing the other?
*Did you have both scripts filled at the same pharmacy?
*How exactly did this blow open? Did the pharmacy dig deeper, or was it discovered in another way, like by your doctor or insurance company? *Were BOTH prescriptions paid for by insurance?
Sorry for the barrage of questions, I'm just trying to clarify some things.
There are several things going on here for you. The biggest issue I see is that you're being refused medical care (the surgery) which is unethical in my opinion.
Even IF the docs think you have an addiction problem, where you were abusing drugs, doesn't mean that basically throwing you out on the street, per se, is right. It isn't, not at ALL, and I agree that you need to start contacting some rights groups AND definitely talk to your attorney about how to approach the medical angle of things. I would make your medical care your top priority, finding a doctor who will treat you. It's just unconscionable to me that ALL of your medical care, INCLUDING a surgery was just squashed. Just be cautious, and talk to your lawyer before you start contacting victim's rights groups, because remember, unfortunately, anything you reveal or say to people can and will be used in your case. Obviously, any situation where you're clearly identifiable (ie facebook, texts, etc) would be a no no as well.
Legal counsel is necessary also, and I see you already have a lawyer, which is good. Have you met with him yet in person, to go through the charges and discuss how you will likely proceed? If not, get yourself an appt ASAP.
This is where it's VERY VERY important, if you have ANY hesitation about you possibly being an addict (which is different from being dependent), you need to be VERY honest with yourself, because that will determine a big portion of how this is handled legally IMO.
For instance, if you were NOT abusing your meds, running out early, supplementing with drugs bought illegally, etc, and if the two scripts were truly an oversight on your part (especially if they weren't both ongoing Rx'es), you will have a good bit to work with indicating that this was not at all something that warranted the actions taken.
If both scripts were paid for by insurance, that will help you as well in your defense, because WHY would someone who is intentionally trying to get more narcotics make it SO easy to be discovered? We've seen lots of posts by people who WERE knowingly doctor shopping, and they pay cash intentionally to not raise red flags (not to mention insurance wouldn't usually cover the same narcotic in the same time frame.) You're going to need copies of your charts from these doctors in their entirety. Ask your lawyer who will handle this and when (him or you?). I really strongly feel that if there is documentation in those charts indicating that each doctor was aware of the other treating you, that will help a LOT. Your lawyer will advise you on the best way to go about getting your medical records. I would get on that ASAP though, because those documents may make the difference between the whole case being dismissed, versus held over for trial. Your lawyer should be able to go through those charts and probably find quite a bit that will work in your favor, again, if you weren't exhibiting obvious drug seeking behavior.
On the contrary, if after some self examination, you determine that you were exhibiting addict behavior, which would include abusing your meds, running out early, taking more than Rx'ed, taking them for reasons other than for what they were prescribed (ie, to take the edge off a bad day), having mental cravings for more pills, a preoccupation with the pills, and doing things out of character for yourself to obtain them or keep using them (lying, being deceptive, even stealing). There IS a difference between dependency and addiction, and while there are some similarities, I think it's crucial for you to determine which camp you're in. It may even be a close call for you, but I think it's something you really need to explore carefully. If you come to the realization that you are likely an addict (or even teetering), and that deep down (or maybe even NOT so deep down) you were aware that you were seeking more meds from two doctors because you were abusing your script, then how you proceed legally will likely be different. Your lawyer of course will advise you, but in THAT case, it may make more sense to plead down the charge and seek help for the addiction.
If you determine that you're NOT an addict and only physically dependent on the medications, then the medical documentation should support that, and it may be worth fighting to see if you can either get the whole thing overturned, or if you would want to take your chances going to trial. I just cannot stress enough that if you're not 100% sure, you need to explore that more, because I think it's super relevant moving forward for you, both legally, and also in fighting the lack of medical care you're dealing with.
Please keep posting, we're here to give you support, and of course any recommendations that may be helpful. Keep in close contact with your lawyer, especially before you would do anything, like contact the ACLU. I'm again so sorry for your awful situation and wish you the very best. I'll be anxious to read your updates. Prayers coming your way.
*Like sarah asked, were you taking more than Rx'ed? Did you run out early ever? If so, how many times?
*Which two doctors (ie, PCP and specialist..not names obviously) were you getting the hydrocodone from, and what were the circumstances behind it, was it multiple, recurring scripts, or was it just one or two? Was one an acute script (ie, an ear infection) and was one a chronic script (ie arthritis)?
*Did each doctor know you were seeing the other?
*Did you have both scripts filled at the same pharmacy?
*How exactly did this blow open? Did the pharmacy dig deeper, or was it discovered in another way, like by your doctor or insurance company? *Were BOTH prescriptions paid for by insurance?
Sorry for the barrage of questions, I'm just trying to clarify some things.
There are several things going on here for you. The biggest issue I see is that you're being refused medical care (the surgery) which is unethical in my opinion.
Even IF the docs think you have an addiction problem, where you were abusing drugs, doesn't mean that basically throwing you out on the street, per se, is right. It isn't, not at ALL, and I agree that you need to start contacting some rights groups AND definitely talk to your attorney about how to approach the medical angle of things. I would make your medical care your top priority, finding a doctor who will treat you. It's just unconscionable to me that ALL of your medical care, INCLUDING a surgery was just squashed. Just be cautious, and talk to your lawyer before you start contacting victim's rights groups, because remember, unfortunately, anything you reveal or say to people can and will be used in your case. Obviously, any situation where you're clearly identifiable (ie facebook, texts, etc) would be a no no as well.
Legal counsel is necessary also, and I see you already have a lawyer, which is good. Have you met with him yet in person, to go through the charges and discuss how you will likely proceed? If not, get yourself an appt ASAP.
This is where it's VERY VERY important, if you have ANY hesitation about you possibly being an addict (which is different from being dependent), you need to be VERY honest with yourself, because that will determine a big portion of how this is handled legally IMO.
For instance, if you were NOT abusing your meds, running out early, supplementing with drugs bought illegally, etc, and if the two scripts were truly an oversight on your part (especially if they weren't both ongoing Rx'es), you will have a good bit to work with indicating that this was not at all something that warranted the actions taken.
If both scripts were paid for by insurance, that will help you as well in your defense, because WHY would someone who is intentionally trying to get more narcotics make it SO easy to be discovered? We've seen lots of posts by people who WERE knowingly doctor shopping, and they pay cash intentionally to not raise red flags (not to mention insurance wouldn't usually cover the same narcotic in the same time frame.) You're going to need copies of your charts from these doctors in their entirety. Ask your lawyer who will handle this and when (him or you?). I really strongly feel that if there is documentation in those charts indicating that each doctor was aware of the other treating you, that will help a LOT. Your lawyer will advise you on the best way to go about getting your medical records. I would get on that ASAP though, because those documents may make the difference between the whole case being dismissed, versus held over for trial. Your lawyer should be able to go through those charts and probably find quite a bit that will work in your favor, again, if you weren't exhibiting obvious drug seeking behavior.
On the contrary, if after some self examination, you determine that you were exhibiting addict behavior, which would include abusing your meds, running out early, taking more than Rx'ed, taking them for reasons other than for what they were prescribed (ie, to take the edge off a bad day), having mental cravings for more pills, a preoccupation with the pills, and doing things out of character for yourself to obtain them or keep using them (lying, being deceptive, even stealing). There IS a difference between dependency and addiction, and while there are some similarities, I think it's crucial for you to determine which camp you're in. It may even be a close call for you, but I think it's something you really need to explore carefully. If you come to the realization that you are likely an addict (or even teetering), and that deep down (or maybe even NOT so deep down) you were aware that you were seeking more meds from two doctors because you were abusing your script, then how you proceed legally will likely be different. Your lawyer of course will advise you, but in THAT case, it may make more sense to plead down the charge and seek help for the addiction.
If you determine that you're NOT an addict and only physically dependent on the medications, then the medical documentation should support that, and it may be worth fighting to see if you can either get the whole thing overturned, or if you would want to take your chances going to trial. I just cannot stress enough that if you're not 100% sure, you need to explore that more, because I think it's super relevant moving forward for you, both legally, and also in fighting the lack of medical care you're dealing with.
Please keep posting, we're here to give you support, and of course any recommendations that may be helpful. Keep in close contact with your lawyer, especially before you would do anything, like contact the ACLU. I'm again so sorry for your awful situation and wish you the very best. I'll be anxious to read your updates. Prayers coming your way.
I am sorry to hear what you are going thorugh. I am shocked to hear this is a crime and a felony at that. I found myself in a simialr situation I had been seeing one doctor for several years. I called to make and appointment and I was told he was out on a "family emergency" I waited a week and called again same story. At this point I called another doctor and explained the situation and he agreed to see me and fill me scripts one time. This created a mess for me! Once I tried to get back in with my original doctor they used the PMP system and said I need to continue with the "new Doctor" a week later I was dimissed from BOTH. I was taking ADD meds and A pain med..... and poof no guidence no instruction NOTHING! I am disgusted with Doctors at this point. How would in a court of law they ever even know if you had disclosed to the other doctor about your current scripts?? Are there laws that protect us in a medical enviroment?
What state do you love in?
Hang in there Molly. This is just a season of your life and it will pass. The withdrawal from the opiates is doable but I really wish they would help you with the benzo. How much were you taking of the xanax per day?
COMMUNITY LEADER
Were you taking more than prescribed?
Thank you so much for your advice! I wasn't intentionally trying to be deceitful or doing something wrong. I would've never thought to call disability advocacy groups. That is a great idea! I did go to the ER due to my pulse was 176 and very erratic also my blood pressure was 167/103.I also was severely dehydrated because I cannot keep even keep water down.After explaining my situation they did say it was from the WD but just put it my chart that I was a drug seeker and there was nothing they could do. They gave me a fluids by IV and sent me on my way.I will contact the ACLU immediately. I cannot express enough how grateful I am for your help.It really does mean a lot!
Thank you so much!Hearing you say that and the relief brought me to tears.
That has been my biggest fear from the beginning! You have definitely given me hope that I can make it through this and everything will be ok! I feel so blessed to have found this website and wonderful people like you.I cannot explain how appreciative I am!
That has been my biggest fear from the beginning! You have definitely given me hope that I can make it through this and everything will be ok! I feel so blessed to have found this website and wonderful people like you.I cannot explain how appreciative I am!
PS -- I would also ask your lawyer or one of these groups if it is legal and/or constitutional to deny you access to medically necessary surgeries and procedures while you navigate these legal issues. I can't imagine that it is.
That charge is insane, and I am so sorry to hear about it. To me, it sounds like a whole web of disability issues all intertwined, and I really hope that you have a lawyer who understands this. I have no idea what was intentional or not, but when people are in chronic pain, depressed and anxious, taking a ton of prescribed meds, have almost no quality of life, and no support, they make mistakes.
No matter how this came about, it is a human rights' issue, and you are entitles to medical care. With this mass in your chest and the other things you have going on, I would really start calling around to advocacy groups for persons' with disabilities. They may have some info, as well as resources and lawyers who actually know what they're doing. Start with the American Civil Liberties Union (ACLU). They may be able to help or direct you to someone who can.
Also, don't hesitate to go to the ER. You can't just jump off of all those meds at once.
No matter how this came about, it is a human rights' issue, and you are entitles to medical care. With this mass in your chest and the other things you have going on, I would really start calling around to advocacy groups for persons' with disabilities. They may have some info, as well as resources and lawyers who actually know what they're doing. Start with the American Civil Liberties Union (ACLU). They may be able to help or direct you to someone who can.
Also, don't hesitate to go to the ER. You can't just jump off of all those meds at once.
I also agree with Ricart70. I do not think you will go to jail either for a first offense and also you have ALOT of medical issues that your attorney will certainly bring up. You will most likely get probation. How are you feeling now? As you know, the Xanax w/d is dangerous as it can cause a seizure. How much hydro and Xanax were you taking per day?
Hey just hang in there and I wanted to say but forgot to post, DO NOT worry about going to jail. I am going to go ahead and say I am CERTAIN that you will not spend one day behind bars for this, no matter what anyone says on here or anywhere else. You just need to get with the lawyer or public defender and let the process run it's course. I am sorry you are going through this and I just wanted to make sure you are not needlessly fretting over something that is not going to happen. Hang in there ok and try to find a doc that can taper you off of the xanax.
OMG..I feel for YOU! How many days now have you gone without?? I came off of 3 meds back in Sept 2012 and it was no walk in the park. The Benzo was the worse.
Yes you should go to another DR. They should help but they will most likely keep you monitored closely. I had a friend who got caught selling hers. All they did was drop her cold. And the thing is that someone just said that to the DR. There was no proof but they just dropped her. She did find another DR. But he gives her a very low dose and watches her closely.
My Goodness how are you feeling???
Yes you should go to another DR. They should help but they will most likely keep you monitored closely. I had a friend who got caught selling hers. All they did was drop her cold. And the thing is that someone just said that to the DR. There was no proof but they just dropped her. She did find another DR. But he gives her a very low dose and watches her closely.
My Goodness how are you feeling???
Thank you so much for your support and being so kind. It means so much to me. It so amazing to have others understand what I am going thru and without judgement! The withdrawals are the most horrible thing mentally and physically that I have ever experienced!
Thank you so much for your advice and kind words. I am so sorry for the struggles you have gone thru and congratulations on being 1 year sober! I applaud your honesty and courage.I just can't believe this has happened.All I was trying to do is keep my pain under control .My main priority has always been my family and it breaks my heart when I miss birthdays, family functions etc because I can't even get out of bed. I didn't realize I was even breaking the law.I saw two different doctors due to one was workers compensation and the other was my personal insurance. It was for two different medical problems. One was due to my back and the other was a mass in my chest (possibly cancer)and shingles.Does anyone know if I am allowed to even see another doctor and if I do and tell them what happened I am afraid they will refuse to treat me. I know I will never be prescribed hydrocodone again.I just want to see if I can get back on my meds that I have always just see one doctor for.I was taking Xanax,Amitrytpline,neuron-tin,lyrica,soma,Celebrex,Clonidine. The one I am having the worst time from withdrawals from besides the opiates is the Xanax and Amitrytpline due to I have been taking it from the age of 16 to 46. Thanks again for your comments. I appreciate it more than you know.
I am unqualified to speak on the legal aspect of it, but I just wanted to offer you support through this very difficult time. Please let us know how you are holding up, and if there is ever a time that I feel I can offer some helpful words I will. Just try protecting your interests, and getting help to handle your withdrawals. My heart goes out to you.
Make that yoke of regret - ha! Guess yolk could work too in a figurative sort of way :-)
I am glad you had the foresight to get an attorney. Lots of chronic pain patients (yes addicts) are getting arrested for the first time with these laws and are often in withdrawal and stressed out when they are arrested prompting them to "cooperate" with authorities. There is a legal process and it is important for you to protect your rights as a citizen even when you think you may have done something wrong or even illegal. Prescription drug abuse and trafficking is a huge problem in this country but whenever there is public outcry, politicians often over-correct it at first and adjustments to laws and penalties must be made. Your health is most important now. I have been an addict all my life, now approaching 1 year sober. I've never been arrested (out of luck or the grace of God) but we all know that opiates are a horrible trap to be caught in. Many of us have done things as bad and much worse than the incident you described in order to obtain drugs. I spent my kids college savings on drugs - tell me that isn't a crime...right! I should be in jail for life for what I have put my family through. Instead, I am strapped with this huge yolk of regret, which I suppose is some justice. We can only change the future. I am sure that you will look back on this experience as a blessing down the road - a real turning point in your life. All my best.
Thank you so much for replying and your advice. I have never been arrested before so I am hoping I can get the charge maybe down to a misdemeanor and would be ecstatic if I could go to rehab and get treatment.I am so scared of going to jail for this! I have nobody to talk to about this and no support system so I really do appreciate the words of encouragement!!
Thank you.I have hired an attorney due to they had a warrant for my arrest and I had to turn myself in.I have never been in any trouble so it was terrifying. I am now just waiting for my court date. I appreciate yours and everybody's help and advice! God Bless you!
No there is not any more to it. I was shocked also.It's just been a law for less than a year. They call it possession of a controlled substance by fraud. You have to tell doctors if you are seeing any other doctor, getting any prescriptions from anywhere else, and if you have any that are overlapping its an automatic charge on controlled prescriptions.Now that they have the prescription monitoring system, any health professional and pharmacy can put your info in the system and it shows all prescriptions that have been filled in your name. That's what I was wondering if I am allowed to even try to find a doctor as long as I am completely honest with them. I am very scared of having a seizure and my pulse and bp is so high I am scared of possible stroke or heart attack also.
Wow...Im sorry to hear that they cancelled your surgery. How was your relationship with your surgeon prior to this incident? If it was good, Id suggest making a passionate plea to him for help. If hes not willing your just going to have to find another surgeon.
Well...thats crazy that youve been charged criminally. Maybe you can use this as an opportunity to get help since you want to be off the pills. I dont know if you have any prior arrests but if not then you can ask the judge for a treatment program as punishment. If he says yes and sentences you to a program...the state will then pay for it because its court ordered.
I hope you can find another doctor soon. Let us know what happens,
Well...thats crazy that youve been charged criminally. Maybe you can use this as an opportunity to get help since you want to be off the pills. I dont know if you have any prior arrests but if not then you can ask the judge for a treatment program as punishment. If he says yes and sentences you to a program...the state will then pay for it because its court ordered.
I hope you can find another doctor soon. Let us know what happens,
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