Could I Be Liable For Prescribing Narcotic?

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drrosenPM

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Hello,

I was not sure where to post this, but I could use some help, advice, suggestions, etc....please!

I'm a newly practicing pain management specialist. Like many pain management Dr's I am concerned with the growing problem of patients becoming addicted.

To give a little more info on this particular patient I'm currently treating, he has been on narcotics for 3 years. Taking Ms contin 30mg 4x aday for breakthru pain and Duragesic patch which is fentanyl, a extremely powerful narcotic, wearing 2 patches a day for 2 days at strength of 200 mcg. Both drugs are Class II. Two years go by while prescribing, and one day the patient asked to start lowering their dose, which I agreed and to help with the withdrawals I prescribed Suboxone. The next day, patient called complaining, he could not take it anymore because you had to leave the pill under tongue to dissolve and it tasted nasty. He asked if there was any other way to take the pill, I replied no.

The following visit, I asked how he felt. He said fine and didn't mentioned about lowering the dose anymore. I also didn't bring it up. And we went back to prescribing. Since then we have increased the dosage. From some of what I read online, could the fact we tried to lower dose and then did nothing after that, be a sign of patient addiction and thus make me liable for failing to recognize his addiction?

Am I not in a better position being a specialist in narcotics to keep the patient from becoming addicted. Granted my patient is an adult and makes their own decisions, but again am I not the doctor who knows more about this then the patient.

My question: Can I be held Liable/responsible for failure to recognize his addiction, not screening urine for signs of possible abuse and not monitoring his blood levels, liver, kidney for possible damage???

If you feel I'm wrong for causing my patient to become addicted, please tell me.

Thanks,

Rosen
 
I think you posted this on lawyers.com, you probably will get better responses there.
 
Hello,

To be honest, I thought I would get better help here then the other site. This website/forum looks better and has good information. Do you know of any other law forum site that have good help???

Also, if anyone does read my first post, please let me know what you think. You dont have to be a MD...maybe you know someone who went thru a similar problem, or a family memeber that went to court for similar reason, etc.


Thanks for your time,

Rosen
 
It depends on diagnosis warranting the script. If patient is terminally ill, imo, it is irrelevant if he is addicted or not, I worked with Hospice and saw the pain some had to endure. However, the length of time and amount of scripts could cause an issue without proper documentation and valid affirmation of patient's claims. Bring your nurse in next time and tell patient she is contemplating entering med school, or another physician would be preferrable for validating your continued prescribing. Have them document in writing the discussions for your file.
 
From some of what I read online, could the fact we tried to lower dose and then did nothing after that, be a sign of patient addiction and thus make me liable for failing to recognize his addiction?


Ahhhh, didnt they discuss the body's adaptation over time to many different foreign entities it comes in contact with in med school? I would suggest any addiction mandates increased adaptation either mentally or physcially necessitating increases in the dependency creating element.
 
Hello,

Thank you for taking the time to share that advice. As for if my patient is terminally ill, no he is not. He is on the pain meds for low back pain due to old back operation.

If anyone else comes across info similar to this, please post it or email me. I would be very interested in reading it. What I have been hearing from people online, is about half say its not the mds fault if their patient becomes addicted, even if I didnt take the steps to check and some people say that I'm most certainly at fault for not protecting my patient.


Thanks,

Rosen
 
This website might look nice but unfortunately very few lawyers are on here. www.lawyers.com tends to have more professional opinions.

You might have to book a consultation with an attorney.
 
OP is the Patient!

Please be advised, DrRosenPM is NOT the doctor but rather the patient, one who has been researching and trying to develop some sort of a case against their PM doctor and possibly illegal activities since at least January 2006. Please see this link for details to verify. http://www.expertlaw.com/forums/showthread.php?t=16552 Please don't fall for this scam. :no: or aid and abet them, Thank You,
Crystalball
 
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