Re: law suit against doctors

[Guest guest]

Hi ,

I read your story with interest and sorrow. I get furious when

health care professionals react like this about pain medications.

It is so unprofessional and it only prepetuates the myth about

addiction ignoring the its differences from habituation. So much

research has shown that it is very rare for addiction to occur

when pain meds are taken for chronic pain. It is inexcusable for

a doctor to not know the difference between addiction and

habituation / tolerance. And do ignore specialist advice! what

hubris!

That said, from my understanding of HIPPA (which I have

attended a learning session that our medical school gave)

makes me think that you can not use this as a basis for your

complaints as outlined. She was still your active doctor at the

time she contacted the pharmacy, etc, The only way that you may

be able to use it to lodge a complaint is if you have documented

proof that you terminated your relationship with her prior to her

calling doctor Fogel - then it may be a breach of confidentiality.

But this is just my opinion, I am not into law or anything.

I do wish you a happy vacation in california without kids and

without illness!

Laurie

[Guest guest]

Hi ,

I would be filing a complaint against her with the AMA. They will

look into it and keep you informed by letter. I don't know how many

get reprimanded if at all this way though. (I had a doctor who

performed an endoscopy on me without the consent of my surgeon just

days after I had major surgery, and just the force of air being used

in my digestive tract could have killed me, but he was found

innocent of any negligence). Though this is probably the best way to

go about it.

But then again, a man just finished winning a lawsuit he filed

against a doctor because he was kept waiting for over 3 hours for

his appointment. He filed for $5000, but got $365. I would love to

have thought of this for every time I have waited that or longer for

doctors, but do realise it is these lawsuits that cause health

insurance to keep rising for the general public. I was also told by

lawyers that even though a doctor admitted to me that I caught a

serious staff infection from an infected IV used during my surgery,

I still had no case against the hospital or person who used it on me.

Guess it's all down to the lawyer you are lucky enough to find. I

don't mean to belittle your situation at all, because I haven't had

one doctor yet who has given me decent pain meds, and then when I

finally get referred to a pain specialist, they keep putting my appt

off...3 months and still waiting to see them. I do believe they

would be the best ones for you to see about the pain and will

understand much better than your " doctor " for lack of a better name.

[Guest guest]

,

that's horrible. Have you called Dr. Fogel's office and explained that

your old internist is no longer your doctor? Have you found a new

physician to replace her? If not, ask Dr. Fogel if he can recommend

someone who will work with him on your pain management issues. As for

suing her, I don't know. Your best bet is to contact a lawyer and see if

they feel you have a case to sue for the problems she is causing you.

Wish I could be of some more help.

Kimber