Negligent Doctor Behavior?

[Sun1718]

I have been seeing my Dr since April of '09.  He has been prescribing 140 30mg oxycodone and 45 2mg Xanax monthly.  On my last visit Dec 7th I tried to tell him about an experience I had with his staff.  I had called regarding my appointment date and was given a 10 minute speech about how they have too much work to do to be looking for my appointments.  I felt this was unprofessional but it was not something I was heated or angry over.  The dr. starts yelling at me telling me that it is my duty to keep my cards and that they are not there to babysit.  I told him that I was not being rude about and able to stay calm and I was not sure why he couldn't.  He told me that he didn't care if I was calm and that if I didn't like it I could find another Dr.  He has over 800 patients and it would be no big deal to him to lose one.  Then he tells me that he has not received my medical records in regards to a gunshot wound which is the reason I am being prescribed the painkillers in the first place.  I ask him if the office has done any follow ups or calls.  Again he starts screaming at me at how it is my job to get those records and that he will not lose his license if I don't get them.  Not surprisingly I receive a letter stating that I am being discharged as a patient for some bogus reason.  Apparently I was badmouthing him at the pharmacy which is a lie.  Now I will have to deal with dangerous withdrawals from my xanax and my painkillers.  I am in the process of filing a complaint with the state medical board.  My question is does this give me a case I can take to a court of law?  Would it be considered negligent abandonment?  Do I have any rights?  Also, this same dr had made a pass at me with a long hug and an attempt to kiss me on the mouth and grabbed my bum in august. He even gave me his personal phone number to meet me outside of the clinic which I still have.  THe reason I did not report him then is because I was afraid of not getting my scripts and I think he knows that.  He acts like a drug dealer that can be a jerk to his addicted clients. I also want to add that I have never asked for early medications nor have acted in ways that would be considered med seeking.  But now in 30 days I am concerned that I will be acting like an addict.  The state medical board has already gotten a hold of me and has scheduled an appointment.  But should I find a lawyer as well?

[Mollyrae]

Hello Sun:

I'm sorry that this has happened to you. Please do not give up the fight. Make sure that you start looking for new pain management asap. Below is an article or web site dealing with Patient Abandonment. Good luck with it all...
Molly


ABANDONMENT IN THE PHYSICIAN-PATIENT RELATIONSHIP | Medicine and ...  One recurring issue for the Board is potential patient abandonment by the treating ... (Outside the medical context, these same acts violate the law). ...
findarticles.com/p/articles/mi_qa4100/is.../ai_n9439531/ -

[Sun1718]

Thank you very much for your information.  I have read contradicting information regarding abandonment.  Some say that it is indeed illegal and others say that as long as you receive a 30 day letter, the doctor is within his rights.  Nor does he have to give you a reason or even have a legitimate one.  Of course the 30 days ends before my next appointment.  Not that I want to continue seeing this jerk.  My need for painkillers is real.  I got shot in the head in '97.  The bullet went in through my cheek, shattered my jaw, and exited behind my ear a quarter inch away from my brain.  To this day I have horrible headaches, lock jaw, jaw pain, etc.  My biggest concern is that the hospital that saw me in '97 no longer has those records.  It is possible that my Dr's office did not receive for that reason, or that his staff is lazy and didn't take any steps.  What do I do in 30 days when my meds run out and I am going through withdrawals?

[RunningMom]

I'm so sorry this happened to you.  You can go to your PCP for medication until you find another PM.  No one is going to let you go through those withdrawls.  I hope you find a good PM quickly.

[OtisDaMan]

If the hospital no longer holds the records, you may still be able to reconstruct the basic event and the damage caused. Presumably there was a police report made when the shooting happened in '97, and if so you should be able to request at least a summary of it, for your records. If you had insurance they will also have some records. Failing both of those, perhaps the local newspaper reported on the shooting. Any one of those should be enough to establish that yes, you did get shot through the head.

The next step is to get an assessment by a neurologist, which at the least should involve an MRI or CT scan of the affected area. A competent neurologist should be able to a) see the aftermath of the trauma due to the bullet's trajectory; and b) should be able to corroborate your pain as consistent with the trauma experienced. No doubt there is nerve damage near your ear, for example, which may indeed cause severe headaches. Personally, if I was the doctor I'd go "Streuth, you've been shot. I accept that moderate to severe chronic pain is a reasonable expectation given the nature of the injury."


Just some thoughts,

Regards,
OtisDaMan

[Tuckamore]

I am so sorry that you no only had to suffer a gunshot wound but that now you are dealing with chronic pain and a poor example of a physician.

The hospital should have your records, even if this occurred in 1947. By law they have to maintain medical records. When asked for records from another source they do not "give" the original ones. They send copies of them. So expect the hospital to still have them.

Otis is right. A simply MRI or CT Scan will reveal your injuries, with or without a supporting medical record.

Begin your search now for another PMP. Don't accept less than you deserve. A physician that makes unwanted sexual advances, screams at you and tells you that he doesn't need you as a patient is pond scum at best. There are competent, caring and professional physicians out there.  

I can't give you legal advice but I would follow my heart and do what it is telling you. Frankly if it were me I would not want this physician to do to others what he had done to me. Indeed there certainly must be "others" out there. Usually if they will step over the line with one they will and probably have stepped over it with others.  You may be surprised to see others with the same or similar complaint if your story goes public.

Patient abandonment laws vary, often by state. Usually if you are provided 30 days of medications the physician is held harmless. So don't waste time in looking for a new PMP. It can weeks if not months to get an appointment. Consulting with your PCP to ask for his/her assistance until you do find another PMP is a god idea. A word of caution, if you tell another physician you are considering litigation they may be leery of treating you. Regardless if you are 100% right.  

Please let us know how you are doing. I'll watch with interest for your updates.

Peace,
Tuck

[TrayCee]

"as long as you receive a 30 day letter, the doctor is within his rights.  Nor does he have to give you a reason or even have a legitimate one. "

This info is correct.  

You need to start really looking for new PM Dr.  maybe your PCP can refer you to a new one and continue youre reg scripts until you find one..  I'm so sorry about your situation!  But this happens everyday :(

also to  RunningMom-
"No one is going to let you go through those withdrawls"  can you elaborate on this comment?

[TrayCee]

RE: you question-"should I find a lawyer as well? "  I have been a certified paralegal for the past 18 years, in my experience its VERY difficult to get an attorney to take a malpractice case.  Theyre very expensive are very hard to prove and also drag out for years

Good Luck finding a new PM Dr.

[concerned621]

Something similar happened to me. I had called to ask a question. I was a bit irritated and got relayed to my doctor. He confronted me and was professional however completely supported his staff.  The problem but the fact is the front staff especially is usually over worked and their compassion just is not their.  I really believe their should be some sort of empathy training for people in this profession.  I don' think you have a case because you kept going to this doctor after you say he made a pass.  You should have left him immediately, went and filed a police report.  He may be the kind of doctor who does this all the time and you would have had a claim/case.  Something pain management doctors always have in their favor is that we on pain meds are taking narcotics. They can claim whatever they want. But definitely, quietly check out this doctor.  See if there are anything claims against him.  
I would personally want to move on, I would have the minute he made the pass.  I would have walked out of his office, asked to speak to the person in charge of the practice which some times is a hospital.  Made a claim.  Then talked to an attorney.  You might still do that, and ask that a letter be placed in your medical file written by the attorney stating the facts as you see them.  I would also call that office and sign a release today and get all your medical records asap.  Then get to another doctor.