HUGGY
I Post Because I Care
- Thread starter
- #61
In most instances, you cant. That socialized medicine again. This might be a little different dealing with the VA but in general, a uniformed or retired member cannot sue the government for anything related to duty or those executing it under that banner. It is a side effect of having the government administer the care. Everything is virtually free but your recourse when you are not pleased with services are diminished.Well, as this thread has been revived, a neighbor of mine just ran into this problem as well. He is a war vet and has been ‘blown up’ in his convoy over a dozen times. Quite obviously this has caused some permanent and painful side effects that require a rather constant dose of pain meds to control. The really sad part is that he had to switch providers and that led to a gap in his treatment cycle where he was off medication entirely. Normal people would not see this as a problem – just get more meds when he can but when he went to the doctor he was outright refused. The reason, because there WERE NO DRUGS IN HIS SYSTEM when they administered the urine test. Because HE WAS CLEAN! If that is not the most asinine statement that I have ever heard.
The supposition was that he might be selling the pills. The gap in treatment was documented and the reason known but yet the doc did not care. He wasn’t shy about it either – he came right out and told him that he was not going to risk his medical license to help him. NOT. GOING. TO. RISK. HIS. LICENSE!
As though that should ever even be in question. It is bad when the instance and cause is well documented and it STILL leads to a doctor running scared from his job. The government is getting out of hand.
Now, he did have a medical pain contract and I am not sure why this didn’t play a factor – possibly because the risk was selling and not seeking to abuse. He is currently demanding a new doctor through the VA and using the doctor’s statements as a claim of no faith in the ability and intent of the doctor to actually treat his conditions. I am not so sure that this will work though. While I am NOT getting into the ACA or anything like that here I can attest to one of the drawbacks to a socialized medical system like the military has with us – appealing a decision is sometimes completely pointless because they have ultimate power to say no and discard you completely. It has happened many times to me and others I know caught up in the terrible system that is our primary means of care. I only hope that he ends up with a reasonable person that has compassion for his circumstances in this case or he might not get any of the medication that he sacrificed body parts to get.
I'm no expert on the subject but it seems to me the above described patient should engage an attourney and sue or threaten to sue through the lawyer the doctor and the facility in question for dereliction of duty and for causing or prolonging the patients pain.
The reason I would sue is that no one illegally selling the pills would do that just so they could make 5-10 dollars a pill. Selling a hundred pills for $5 each would certainly not be enough to make it worth it to sue anyone.
It COULD be possible to sell enough pills to make enough money to make the risk worth it...but that would mean selling THOUSANDS of dollars worth every month. One would need to sell several hundred pills a month to make a living at it. If the patient had legitimate pain that would leave precious few pills to sell. No one is going to risk losing their pain prescription source to make just a few hundred dollars a month...and be ass out controlling their own pain.
I would sue their asses off.
Further, this sounds very similar to the stories that you have been putting up as well - the doc fears governmental reprisal for actually helping the patient. that makes me believe that there is something from the regulators that he is falling back on. It is pathetic and sad. The government does not belong in between you and your doctor to combat drug abuse. The very idea is silly.
Again... I'm no expert. BUT there is a difference between suing and winning. Using the legal system to get attention is a valid weapon. There is no law or "implied contract" against FILING a claim in court. The street one can take running for cover as in the path taken by the doctor is "two way". I would even consider suing the DEA for conspiracy and collusion to defraud and cause harm to patients needing pain medication. All you would need is a judge that has a close family relative that suffers needlessly at the hands of the system. Costs could be defrayed by several patients combining their legal assault on the system under the same claim.
If the pain is not going to go away there is no need or excuse to just "give up". One thing about those that hide behind institutional cowardice is that they don't like the light of day exposing them. I would hit the media hard also..get a reporter(preferably one that has personal ties to someone wronged by the system in regards to pain treatment) on the case.
Last edited: