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Regular Member

Date Joined Aug 2007
Total Posts : 69
   Posted 5/22/2008 11:24 PM (GMT -6)   
Nizzan, the last thread was getting a little long and I wanted you to consider an alternative idea. I'm not saying this will work, but its worth a try.  Sometimes, with professionals that have a stong (and healthy) fear of litigation, it is just enough to bluff with them.  What I mean is this: It could be just enough to have an attorney write a letter on your behalf directly to the doctor and carbon copied to the hospital administration, HIPAA, and JCAHO.  Usually just asking a lawyer to write a letter for you does not cost very much at all. Sometimes, and I stress sometimes, just the sight of the attorney's letterhead is enough to scare the person into doing whats necessary.  Collection agencies do it all the time to ordinary people. My guess is that a young doctor like this, with a healthy fear of litigation would collapse fairly easily. But, in the end, its just a bluff.  If the doc/hospital calls your bluff, you have no legs to stand on because you really can't afford a protracted legal battle.  However, the hospital and doc doesn't know that you can't afford the legal battle.  If you are brash enough to engage an attorney, they might just realize how serious you.  They don't need to know that you can't afford to take it to trial.  Anyways, its worth a try because nothing else is working, right?
I really feel for you.  As much as I have felt the sting of prying eyes and judgemental looks, I haven't encountered anything in my records like that.
Good Luck ~PainKiller

New Member

Date Joined May 2008
Total Posts : 18
   Posted 5/24/2008 6:04 AM (GMT -6)   

Thanks PK, I have not yet tried the "I'll sue" bluff for fear that if they called the bluff I would be screwed. There is no money in it so a Lawyer taking my case on contingency is out, so if they did say go ahead sue us I would look like a fool.

I think what they did is all I am going to get, They added a footnote that makes it clear that what's written is a PA's opinion not based in fact and evidence while subtly insinuating that they do not agree with the PA. I have just asked them to take a clearer position so that if/when I end up in the ER and they punch my name into a computer the words "DRUG SEEKER" will not be present.

I have got to say thanks to all you guys for giving me sage advice, great info and superb support. The one thing I truly miss is the feeling that taking opiates is not wrong and that they are responsible for returning some quality of life. Sadly, the medical and pharmacy professions have done their best to make me feel like a Crackhead junkie andI cannot shake it. Before I was shot I did not even take an aspirin and had nothing medically wrong with me at all. Now I have lung and Diaphram damage, severe leg damage and am left to live a life of severe intractable chronic pain while always wheezing all the time and must take a medicine chest full of stuff to continue to survive on this earth, it sucks!!!

Veteran Member

Date Joined Nov 2007
Total Posts : 6795
   Posted 5/24/2008 3:11 PM (GMT -6)   
I think many of us have histories like yours. I was big time into holistic health for myself, was trying to do everything to age slowly as I got into my 50's, exercising, eating reasonably healthy, had taken off about 30 lbs (now slowly creeping back since I can't exercise as I did), and about the only thing I had on my kitchen counter was one med for maintenance for a seizure disorder which I've managed well since age 14. Occasionally needed over the counter ibuprofen or tylenole, or a rare antibiotic every few years for a sinus infection. Now? An entire kitchen counter so fulled with prescription bottles I have to write down what I take to remember. It makes me cry to just look at them some day. And my pain management isn't even over - meaning I've not yet found the best regimen of drugs. Still searching for a PM doc, with reluctance. And having to accept being on opiates for the remainder of my life? I, like you, am still working on that. It breaks my heart to think of it, but I also know it may be my only way to have any even limited quaity of life.

One thing I do know - while we can't control the attitudes of others, we can work on our own attitudes about ourselves. And that's what being here helps with. We are NOT addicts. Taking these drugs should be no different from taking a drug for any other chronic medical condition. So we've got to help eachother reframe our own old attitudes, and deal with what we will face from others while still feeling good about who we are. So stick with us. And again, I commend you for doing all you did for yourself. I think we have a lot to learn from you!


Regular Member

Date Joined Aug 2007
Total Posts : 69
   Posted 5/24/2008 7:13 PM (GMT -6)   
PAlady, I could not agree with you more.  But honestly Nizzan, I'm not talking about threatening to sue verbally.  All I'm suggesting is to have an attorney write a letter to the doctor asking the doctor to retract the label in the notes as she has no evidence to support her claims.  You don't need to threaten litigation.  The point is that this doctor or physician assistant or whatever she is may buckle under pressure.  All that you need from the Attorney is a strongly worded letter suggesting that she remove the notes from your record for various reasons.  What I am saying is that it might be enough for her just to see the letterhead, and that you are serious enough about having these notes changed that you've contacted an attorney.  Really, I had my attorney do something similar and it only cost me $35 dollars for one letter.  You don't need to actually threaten litigation; its the insinuation that you might do something because of the letter from the attorney.  You should really check into this, Nizzan.
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