| |
You are here: Experts > Health/Fitness > Health Care: UK > Medical Malpractice > Pain Mgmt Malpractice
Expert: Jack Schroder - 11/3/2009
Question
QUESTION: I was put on narcotics by a pain management clinic for anklyosing spondylithesis with facet joint arthropathy in 2004 and got into a near fatal car accident in 2005 that put me in the hospital for 47 days. I lost my job and was forced into bankruptcy. I believe the combination of hydrocodone and oxycontin impaired my ability to see the SUV that hit me. After getting out of the hospital I requested to be taken off the narcotics and the nurse I saw said I would have to be on "something" the rest of my life and put me on methadone. I was already on psychiatric drugs and was a zombie for nearly four years. When I asked again to be taken off the narcotics, pain mgmt told me I had to come off the kolonipin before I could attempt coming off methadone. I nearly had seizures coming off the kolonipin titration which triggered severe paralyzing panic attacks. Pain management started titration off the methadone and I became psychotic and nearly succeeded in a suicide attempt June 2009. I was put in the psyche ward and found out the only way anyone can successfully detox is with medication under medical supervision. I feel my case was totally mis-managed from the beginning in 2004 (all by the same facility) and wonder if I have a malpractice case?
ANSWER: If all of your medical advice was delivered by an employee or staff member of the same pain m,anagement organization, you statute of limitations should be in effect. So, from that sandpoint you have a chance to sue for compensation.
However, psychiatric cases are tough for lawyers. Tough for doctors too. Psychiatrists are notorious for lousy handling of medicines. For some reason they appear to accept what is told them by employees of pharmaceutical houses. This failing is universal in psychiatric medicine. So a lawyer is going to have one tough time finding an expert who will help him. The expert is going to have to be very intelligent, have an imagination and courage. That is a hard expert to find. You should talk to at least four or five malpractice lawyers before you give up. And your lawyer should start, not by trying to find expert psychiatrist, but by finding an expert pharmacologist. If the pharmacologist works out and agrees you have a case, then the lawyer can find a psychiatrist to help. You have a rough road ahead, and I am not at all certain you are going to find a lawyer who can help you. But try, and do not give up too easily. Call your local Bar Asspciation and ask for the names of lawyers who have experience in psychiatric malprcaactic. You may find only one in your County, but try.
Another slource of help is your local Mental Health Association. Here you will find experienced advocates for patients . Perhaps that should be your first stop on this trip though hell. Do not be afraid to talk to a Mental Health Association. They may know something about these guys who have dragged you over the rocky road of narcotics addiction. So, give it a try.
Another help might be out there in your local County Mental Health Department. They may have an addiction section and people who are experienced handling patients with addictions. They may resist getting into a malpractice lawsuit, but they may be able to give you solid help getting out of this drug trap.
Another source of help might be the Pain Management section of a local Medical School. It is worth a try.
You have a tough job ahead, and you seem to know that. But you have nearly reached a point of no return, and so you have got to try. I wish I could help you more. But try what I have suggested. Good luck.
---------- FOLLOW-UP ----------
QUESTION: Thank you for the prompt reply! Psychiatric issues aside, I think pain mgmt over perscribed narcotics for my condition during a five year period without ever reviewing the necessity. Since I have been off narcotics, my back pain is being effectively controlled with a non-steriodal NSAID which has been available for sometime and perscribed by a different physician. I've lost 5 years of my life and find it paradoxical that on one hand this facility has 3 clinics creating addicts while the other hand runs a detox program. Do you know of anyone who has successfully sued a pain mgmt clinic for narcotic addiction? Thanks.
Answer
I have worked a few of these cases in the dim past. Yes, I think we did win some of them, and that is how i recall using a pharmacologist. Most of my forner clients are dead so I can't recommend anyone to you. Try a Google search. Maybe it will bring something up. Try "malpractice lawsuits re pain control" or something like that. Who know, something may pop up. Try variations of the question. Or just 'pain control' Or maybe 'addiction to pain pills' SDpend a little time playing with Google. It can be useful. Good luck. Try the local Mental Health Association. They deal with addicts too. Five years is worth sueing for. Go get them.
Add to this Answer Ask a Question
|
|
