Is this Medical Malpractice ?

[Garylorann]

I have been prescribed METHADONE  HCL 10MG for cronic back pain (degenerative arthritis- Spinal Stenosis)

Instructions: take 1 to 2 tablets by mouth, 4 times a day, as needed for pain. Prescribed for more than 5 years now
NOTE: This is a Schedule III Narcotic in Arizona

At my scheduled appointment in Oct 2010 it was agreed that my prescription would be refilled by mailing to my seasonal home in Canada, as I was there for the winter. In DEC 2010 my PC Physician was appointed to head the hospital and chose another doctor to replace him. When I contacted them for the refill, they confirmed the address & mailed it on JAN 25, 2011. By FEB 4th it hadn't arrived. I informed them I was almost out of meds, they reconfirmed the address where it was mailed. By FEB 14th I had only 7 tablets left. I called in a panic only to find them claiming that the mail (prescription) was returned to them on FEB 4 needing additonal address info. (Impossible- all other mail has always been received with the same info) We decided to remail to another address in the state of Maine. Confirmed it was mailed again.

On FEB 21, I called again, still no prescription. They returned my call stating that since my new doctor has never seen me, she wants to make an appointment BEFORE refilling my prescription. I stated I was out of meds for days, suffering withdrawal symptoms and 3200 miles away. I needed my meds I was promised was mailed 18 days ago.

Finally... Mar 1, 2011 I received my prescription for refill. I hadn't slept for more than a week, tremors, nausea, etc, etc. all the extreme withdrawal symptoms from suddem ceastation of a schedule III Narcotic  COLD TURKEY.

Is this Negligence... Incompetence...  Malpractice?  Or  just S. O. L.

[pmuse]

Withdrawal is just horrible one feels like such an alien.  I have DDD and DJD, and have been on oxycontin 10 to 40mg twice a day with Percocet for breakthrough.  I'm in the suburbs of nyc right now, and it's hard hard hard to find a good pain management doctor.  Recently dismissed from a hospital stay at which time I was given refills for all my meds not just pain control. I'm happy you received your meds, and would only suggest to see a good doctor atleast two months before you're scheduled to run out.  The way the system is at this time well it almost feels wrong putting us through such stress. I was supposed to transition to methadone, and recently tryed to do that with my psychologist but was informed to get on mehadone maintenance I would have had to be using heroin.  Well natural or synthetic all this stuff is the same, and withdrawals too.  At this time I am testing my body, and mind as to whether or not I am an addict in less pain than I believe or if in deed I really do need pain management.  I guess if I were an addict I wouldn't have sat still today riding this out not sure.  I'm being prepped for surgery, and have acute and chronic issues.  It's hard to believe for me that I'm not dieing right about now in pain, and off narcotics as of 10pm it will be 24 hours.  Am concerned about the abrupt change, and my thinking.  When I read the pain managment posts where some of you good people talk  very personally about the meds you are taking.  I feel strange when I read the meds..can't quite get a handle on it.  What to do?  Blessings to all~

[Tuckamore]

Hi Gary,

Your experience sound horrid. I am so very sorry that you have to endure the withdrawal symptoms and the non-existent customer service/patient concern that you encountered.

As horrid as this experience was I do think you would be hard pressed to prove it was neglect or malpractice. However I am far from an attorney and he/she would have the correct answer.

I wholeheartedly agree with Jaybay. The physician need to know this story, This one stinks. Something is very wrong in that practice. It may be as Jaybay suggested, laziness or theft. Either way the physician must know these details.

Please let us know the end of this story. So often we hear the beginning but never hear the end. I'll look forward to your updates.

Best of Luck,
~Tuck

[Jaybay]

I'm so sorry to hear you had to go through withdrawal.  It's always bad but methadone is a real terror from what I understand.  Everything about your story tells me that it's not the doctor causing the problem.  It's someone in the office either being lazy or stealing prescriptions.  Not to self: if anything similar crops up in the future, insist on speaking directly to the doctor.  Similar things have happened to me in the past and the doctor was completely unaware of the problem.  One nurse was so bad that she cut me off at every turn when I tried to speak to my surgeon.  I even tried to schedule an appointment and she refused to do it.  I finally had to get up at the crack of dawn and page him as an emergency.  The nurse was not employed with him for long after that incident.

[Garylorann]

Chrise and Caregiver... thank you for your prompt input

The new doctor may indeed have every right to refuse to refill my prescription or any other prescription for that matter... that is not my issue. My issue is that this doctor had apparently already approved, signed one and mailed it to me. on Jan 25. It got to me on MAR 1... 36 days later. It sat on someone's desk while I was quickly running out of meds.

I called on Feb 4th after it didn't arrive, and they confirmed it was mailed on Jan 25. Then on FEB 14, I called again. They claimed it was RETURNED  for insufficient address information, back on FEB 4th (notice that was the exact day I had last called to complain)

We confirmed the address was correct but decided to mail it to an alternative address in Maine to insure delivery. They confirmed again that they mailed it THAT DAY.

On FEB 21, I was livid as it didn't arrive there either and I was out of meds by then. That was the first time I heard that the doctor was suddenly reluctant to mail it. AFTER TWO PREVIOUS MAILINGS?  Finally the doctor okayed the prescription again. (3rd time) By then I was in full withdrawal mode.

No one there advised me that I was going to experience extreme withdrawal from sudden ceastation of a prescribed Narcotic. I am under the impression that NO ONE should ever quit Cold Turkey. It was dangerous and should be wienned off slowly with reduced amounts? Certainly a doctor should be aware of the dangers and consequences of their actions?

I believe this was not done intentionally. I also believe this was either Negligence, incompetence or malpratice...   nothing else makes sense. Does it to you?

In short, does a doctor have a legal right to allow a patient to suffer intentionally or not, without advising them of possible side affects, consequences and alternatives for their deliberate actions... or inactions?

Thanks for your help

[chrise4983]

Garylorann, Having worked for a general med doctor for over 7 years I have encountered similar situations . We live up north and people go to Florida for 6 months out of the year. What my doctor does is he will write 6 seperate scripts dated on the appropriate day of refill. Being a new doctor in your case he has every right not to fill a schedule 3 narc even though he is taking over for someone else.
As far as it sounds its the way things go. I personally would have a doctor in Canada that will cover the times I was living there. As far as switching from Methadone for the lidocaine patch with a severe disease as you have it would be worthless. I am on Vicodin an Fentyl for RA and fibro and it barely makes a dent in a normal day . Sorry you had to go through that.

[caregiver222]

Well, the methadone doesn't work too well.

You are better off without it.

Try asking for a 5% transdermal lidocaine patch to place over the problem area of the spine. Cut it with scissors and use for no more than 12 hours a day.