This has been becoming a very active and common topic lately. I am going to attempt to summarize the situation since it is very difficult to identify each situation and what are the options.
First of all, opioids has been becoming a main stream in almost every media. Newspapers, Magazines, Talk shows and much more. Then add on the restrictions and clamping down on all parts of opioids by the DEA. Further complicate this issue by the CDC guidelines which were released about 18 months ago. Bottom line, its almost impossible to go anywhere without hearing or seeing something about opioids.
This attention has had mixed impacts on the medical field. We have some doctors who know are afraid to continue to prescribe opioids for their patients, and some pharmacies/pharmacists who dont want to come under any scrutiny of the DEA. So, what do they do? The stop prescribing opioids and/or stop selling them.
Who is hurt by this? The legitimate chronic pain patient. The comments we see here.
Is it legal for them to do that?
Is it unethical?
Can I sue them?
The answer to those questions is NO. Unless you can prove that you are being directly discriminated without any doubts, and having a lawyer to fight your case, your better action plan in my estimation is to attempt to correct the situation that got your discharged/dismissed in the first place.
Here are some of the reasons I have seen posted here on Spine-Health:
- Failed Drug/Urine Test
Failed Pill Count Tests
Clear indication of over using your pills (short every month, requesting new prescription early)
Failure in taking your medications (too little/too much)
Stock piling medications
Use of excessive alcohol
Taking opioid medication from another person
Purchasing illegal street drugs
This list probably could go on and on, but I am listing those I have see the most here. I listed the Pain contract last and in red. Because this is really the easiest way in which a patient could get discharged and for the doctor to substantiate their action. People may argue that the pain contracts are not legally binding, that they are unfair, etc, however once you put you signature onto it, you have agreed to all the terms and conditions outlined in that contract.
Now that you have been discharged or dismissed from a pain management practice, you need to fully understand the ramifications of this action. There are different terms, but the one that I believe is the best way to describe it is, you have been BLACKLISTED. Years ago that probably didnt have that great of an impact , except for doctors in the same general vicinity. But today, with the electrical medical records, that information can easily be sent to all the doctors/practices and pharmacies that participate and share in those common data bases. So, for instance, if you got blacklisted in CT, there is a very good chance that if you went to New Hampshire or Vermont to find another pain management practice, you would be turned down.
And you need to be aware, that this blacklist mark is going to be on your records permanently! There is no statue of limitations that would automatically remove the mark
Now what can you do?
All of your ongoing efforts need to be focused on getting that blacklisted mark removed from your records. You need to make a one on one appointment with the doctor who discharged you and plead your case. Considering the current affairs with opioids in the media, that is not going to be an easy task nor can you expect a listening or compassionate ear.
But you still need to work on that. At times, it is falling on your sword, admitting to the wrong doing you did, recognizing it was totally wrong and violated all trust.. You cant make excuses for your actions.... such as
I didn't realize I was using so many pills
I needed to get an extra pill from my friend
I had to have two drinks to help with my pain
I never took that medication in my life (which shows up in a drug test)
If this fails, do not give up, try again and again. Appeal to the doctor, making sure that your need for opioids is legitimate and your doctor sees that also. Once that is established, your next action plan might be to talk with your doctor about What options do I know have?
Just keep in mind, that the doctor/practice is NOT the bad guy here, its you, something you did to violate a contract or trust.
SOURCE: https://www.spine-health.com/forum/disc ... ice#latest