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Author Topic: Can hospital be sued for medication goof?  (Read 564 times)

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Offline MyKnee2010

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Can hospital be sued for medication goof?
« on: October 14, 2016, 11:51:01 PM »
Ok, this is part rant & part question.

I have had 14 surgeries on my knees over the last 8 years so I have been taking vicodin (hydrocodone) for several years now. I am still in a lot of pain & still have to have one more knee replacement so the vicodin is definitely needed to at least give me a little (very little) pain relief.

Due to the number of idiots who are overdosing on heroin in our state, the opioid laws are getting quite ridiculous for people such as me who have legitimate pain. Every month, I have to drive 1 hr each way to see my primary doctor to get a prescription for a 28 day supply of vicodin.

Last month I had yet another surgery on my knee so my OS gave me a prescription for 5 days worth of vicodin. My primary doctor's office recorded this prescription as a 28 day supply instead of a 5 day supply. So when I picked up a prescription for vicodin today, it turns out they made the prescription out to be filled on the 25th, not today!

This is not good as I only have enough vicodin left for 1 1/2 days & I can't possibly get another prescription until at least Monday AM because the on-call doctor can't prescribe pain pills! Really! That is again due to these morons who are taking heroin & fentanyl and overdosing all over the place. Honestly, I wish all those addicts would just drop dead & make it easier for those of us who do not abuse drugs & do not use them for fun!! That may sound harsh but it's the truth! They have a choice to start abusing drugs or not. I do not have an option to have pain or not!

Anyways, back to the question.... do you think I can sue the hospital for mixing up my paperwork & denying me the vicodin now? After having taken it for years, you can not just stop taking it or cut down drastically or you get bad symptoms. You have to decrease it little by little over the course of a few weeks.

The last time I decreased it I did it too quickly & ended up in the Emergency Dept having trouble breathing & throwing up. I told the on-call doctor this would happen & she said she could talk me through it! Wow, that's amazing she could talk away my not being able to breathe & barfing all over the place! I should have told her if she could do that maybe she could talk away my knee pain too!

Anyways, she hung up on me when I told her I'd be swearing at her tomorrow while I'm laying in the ED. The second time I spoke to her I took her name & told her I'd see her in court as I am suing her & the whole hospital. She told me I was being abusive & hung up on me again!

So, has anyone sued a hospital for messing up their pain medications? I probably will end up in the emergency dept tomorrow night. All they have to do is give me a vicodin & I'll be ok. Of course, I'll just end up there again Sunday night as I still won't have the correct prescription. Hopefully, I'll be able to get the mix up fixed Monday AM, which means I'll have to drive the 1 hr each way to pick it up!

I really, really hate doctors! I would love to sue but that is probably just about impossible to do. Instead, I will have to take this to the local papers & all over social media. I think it's about time those of us with severe chronic pain stand up & demand our rights!
« Last Edit: October 15, 2016, 02:14:58 AM by MyKnee2010 »

Offline Audice

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Re: Can hospital be sued for medication goof?
« Reply #1 on: October 15, 2016, 12:09:33 PM »
Nasty situation & I understand your frustration. Do you, by chance, live in a state where medical marijuana is an option? If not, you can buy hemp oil legally in any of the United States provided you're in the US. I don't know how much it'd help but it might be a good thing for you to use in conjunction with your opiates.

So far as suing goes, you might end up spending more money than it's worth. But if you go that route, the worst that can happen is that your claim will be rejected & you owe a lawyer's fee.

Wishing you well.
April, 2005 - ACL rupture, medial meniscus tear within posterior horn to articular surface, abnormal signal within lateral meniscus, partial tear MCL, bone contusions tibia/fibula, Baker's cyst.
No repairs.

Offline kcknee

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Re: Can hospital be sued for medication goof?
« Reply #2 on: October 15, 2016, 04:33:58 PM »
Unfortunately I do not believe that you would be able to sue for an administrative screw up. I know friends that have been injured or end up worse off after surgery, but have not won cases. It seems like there has to be a death, loss of limb or something so obvious that a jury can't deny negligence such as objects left in body which caused harm or operating on wrong side.

I am not minimizing what you are going through at all. My friends and I have commented that the new laws on opioids are so unfair and horrible for chronic pain patients. It makes no sense that they would limit supply without creating a new option for pain control. If they want to limit opiods prescriptions, the place to start should be in post-op wards of teaching hospitals. It is a bizarre trick-or-treat scene in there as well-meaning residents, fellows and other white coated figures continuously approach patients offering and even insisting that the patient needs more pain med prescriptions than were given by the operating surgeon in pre-op appointment. You no sooner tell one white coated figure that you have never seen before no when another one approaches insisting you take their prescription because you will need it. My friend came out once with a prescription for over 100 percocets.

Would it help to hold off a full blown withdrawal reaction if you take the pills you do have and do a step down dosage process over the next few days so you continue to take meds but each dose less than one previous, to get you to Monday safely? Maybe check and see if you have any stashed away from past surgeries? I'm sure you have probably done the last suggestion already.

If you do have a reaction that takes you to the ER, read this article first http://www.webmd.com/pain-management/chronic-pain-11/emergency-room?page=1      and try to follow the recommendations so that you will be helped in this opioid seeking suspicion world. It is not fair to you that anyone should be suspicious when you have been left in pain, but unfortunately you have to deal with others and their warped views of chronic pain. I am do sorry you have to go through this.

12/31/08 - Skiing injury L knee
6/1/09 - ACL stump removed from joint
8/31/09 - ACLr - Hamstring Graft
12/21/09 - Ant Fasciotomy 
8/26/10 - Anterior Interval Release
12/6/10, 5/5/11, 12/22/11 - Fasciotomy
12/7/12 - Nerve Decompression
6/3/13(m), 7/29/13(l), 12/13/13(m & foot) 2/3/14(l) Fasciotomy

Offline MyKnee2010

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Re: Can hospital be sued for medication goof?
« Reply #3 on: October 17, 2016, 11:45:38 PM »
Thanks for the responses! I made it thru the weekend with surprisingly little problem with withdrawal. I had to go heavy on the Ibuprofen, over the max limit as I was already at that, but I also took TUMS so hopefully that limited the damage to my stomach. I also started taking Acetimenophen (Tylenol) but I was a little more careful regarding the limits on that as it can destroy your liver. I took a little Vicodin here & there.

This AM, I talked to my primary care office. They are blaming me for being "abusive" because I told the on-call doctor I was going to sue her & the clinic. Really? She must be a new doctor because I can't imagine a doctor who hadn't heard that many times. Anyways, they tried to say they gave me last month's prescription & it was my fault. They said I never told them I was having surgery so it was my fault & I never told them I would get a prescription from the surgeon. I told them I had the pre-surgery check up there! I told them my provider guy said he knew I'd get pills from the surgeon & it was no problem.

I told them they hadn't given me the prescription but they wouldn't listen to me. I also told them the on-call Dr was rude to me & was laughing when she told me that withdrawal wouldn't kill me - nice lady! :(. Anyways, I told them to just give me a prescription so I can wean off the Vicodin.

I went down today & got a prescription. The provider guy said that was the last prescription I would get from him & I told him "You can bet on that!" I looked at the prescription when I got out to my car & guess what? It was the prescription from September that they had claimed they gave to me before! Can you believe it? They are blaming me saying they already gave me this prescription but then they must have found the prescription so they don't apologize, they give me the original prescription that they should have given me in the first place!! OMG!!! And, they blame me & call me "abusive"!!! You can't make this stuff up!

Anyways, I think what happened is the on-call doctor balled them out because they didn't mark down that I would get pain killers from the surgeon & also that they lost track of the prescriptions. I've worked at hospitals before (IT not medical) & I know they always look for someone to blame, so I guess that's me.

I have decided I am finished with the medical community. No more surgeries, no more prescriptions. I called pain management at another hospital where I've gone before & I was lucky enough to get an appointment for tomorrow to discuss doing a spinal stimulator. If that doesn't work then I am going to just keep experimenting with OTC pain killers. I am also lucky that my state has just recently legalized medical marijuana so if the stimulator doesn't work I will see if I can try that. I have to find a new provider but this guy was a jerk anyways so that is no loss.

I won't press further with this provider unless they try to hassle me with labeling me "abusive". If they come after me, I will go public & I think their incompetence will get them all fired. I am going to contact my Senators (state & national) to complain about the horrible way chronic pain sufferers are treated. If a diabetic didn't have insulin on a Friday afternoon they wouldn't tell him to wait until Monday! Nobody wants to address chronic pain because it's a no-win situation. You are never going to fix it so nobody wants to acknowledge it. That has to change!!

This whole incident has finally pushed me into action to launch a website which I have been thinking about off & on. I am now going to launch it, hopefully in the next 2 - 3 weeks. The site will capitalize on the incompetence & arrogance of doctors. It will provide ways to bring these faults out so the general public can at least become aware. Will they care? Who knows, usually people don't care or understand until they are a victim of the medical system themselves. It will make me happy though & make fun of these bozos so if that's all it accomplishes that will be ok.

Thanks for the support here. I know there are many other people here who have had as bad or even worse experiences with the medical community. I have had 14 surgeries on my knees in the last 8 years & I can honestly say they are no better off now than they were 8 years ago. I wish now I had never gone to a doctor back when this all started. I am going to try the few things listed here then I will never go to another doctor again for anything ever!




Offline MyKnee2010

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Re: Can hospital be sued for medication goof?
« Reply #4 on: October 17, 2016, 11:54:50 PM »
KCKnee: I think you missed the point of my post.

You said:
************************************************************************
If they want to limit opiods prescriptions, the place to start should be in post-op wards of teaching hospitals. It is a bizarre trick-or-treat scene in there as well-meaning residents, fellows and other white
coated figures continuously approach patients offering and even insisting that the patient needs more
pain med prescriptions than were given by the operating surgeon in pre-op appointment. You no sooner tell one white coated figure that you have never seen before no when another one approaches insisting you take their prescription because you will need it. My friend came out once with a prescription for over 100 percocets.
**************************************************************************
The  problem is not that they over-prescribe, the problem is that they don't know how to fix the problems that cause chronic pain. If they had been able to fix the pain in my legs, I wouldn't need pain killers. They focus on not giving out pain pills but what are those of us with bad chronic pain supposed to do when they can't fix our problems? If they don't give us help with the pain, it doesn't make the pain go away. What happens is people get sick of dealing with the medical community & then do as I am now doing which is use any & all OTC pain remedies so we can try to live somewhat of a life.

Not giving out pain prescriptions does not make the chronic pain problem go away. Frankly, I am surprised you would think that.

Offline kcknee

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Re: Can hospital be sued for medication goof?
« Reply #5 on: October 18, 2016, 12:32:32 AM »
I apologize if what I wrote was poorly written or not ckear. I completely agree with you that patients are forced to take pain killers because doctors do not have the ability or desire to try and help. It is never the fault of a patient to be sent to pain management.

I had been referring to the government's policy to drastically cut opioid production next year. I had read an article with comments from devastated pain managenent patients that they had been forced to resort to medication to get through the day and didn't know if they could live without. Several were talking suicide or heroin as horrible possibilities in their situations if pain medication was not available. My friend and I had discussed that extra opioids hitting the public were not coming from pain management parients but from too many prescriptions being given out after surgery and they should limit that excess before they ever tried to limit the supply to pain management patients.

I really hope this was more clear and am sorry if it still is not clear. I agree with you completely on chronic pain and lack of medical options to cure it. Patients are not at fault and deserve better. I apologize that what I wrote poorly got you upset. I am trying to find article to post.
Kristin
12/31/08 - Skiing injury L knee
6/1/09 - ACL stump removed from joint
8/31/09 - ACLr - Hamstring Graft
12/21/09 - Ant Fasciotomy 
8/26/10 - Anterior Interval Release
12/6/10, 5/5/11, 12/22/11 - Fasciotomy
12/7/12 - Nerve Decompression
6/3/13(m), 7/29/13(l), 12/13/13(m & foot) 2/3/14(l) Fasciotomy

Offline MyKnee2010

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Re: Can hospital be sued for medication goof?
« Reply #6 on: October 18, 2016, 02:05:48 AM »
No problem - I am super sensitive to this issue today! I agree pain pills should go only to those who truly need them. The rise in heroin & fentanyl overdoses have caused so many problems for chronic pain sufferers. That is why I have no sympathy for those people. They chose to take heroin/fentanyl. They were told what could happen if they started taking drugs like that, & they chose to take it anyways. I never chose my pain & I will never shed one tear for heroin/fentanyl addicts.

The stupid politicians only want to do whatever will get them re-elected so they announce that they are clamping down on the distribution of pain killers. Why don't they say they will do something about the doctors who refuse to treat chronic pain sufferers because they don't want to get involved with people who aren't going to get better? Why are doctors treated like some sort of all knowing god instead of arrogant fools who have gotten away with wrong diagnoses & wrong treatments for so long?

Now the average person can go on the internet & get the same info that doctors can (remember when that info was only available in medical libraries only open to doctors?). Doctors have to be held to higher standards with all people questioning them instead of blinding following. If all people do this, doctors will either have to get better or they will go out of business just like any other business. Doctors are only people and not necessarily the best of people. Remember 90% of doctors out there were not in the top 10% of their class.

What do they call the guy who graduates at the bottom of his class in med school? Answer: Doctor.
No wonder chronic pain sufferers have it so rough!















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