Forever labeled wrongly by Doctor

I have been a Chronic pain sufferer for 22 years. In 1986 I was critically injured and left with a life of intractable severe chronic pain. In 1997 after trying every treatment used to control pain and after undergoing my 43rd surgery I tried Opiates for relief. After trying many of the different opiates and after modifying dose sizes I finally found relief. The quality of my life returned and I was able to return to work and again be a productive member of society and of my family.

Ok, fast forward to June of 2007. I was hospitalized for several days. I was being given my regular meds and Ativan by IV was added to deal with the Anxiety I suffer when in Hospitals. Ativan, even in a small dosage makes me goofy. A young Doctor determined that my goofiness must be as a result of me secreting my own meds into the hospital. Eventhough I objected and eventhough three of the nurses proclaimed my innocence the Doc ordered a complete search of the hospital room and my person. Of course nothing was found and I was left completely humiliated. I demanded to be discharged and left the hospital AMA, still sick and broken hearted. My wife and I filed complaints at every level with the hospital and recieved an apology from the head of nursing. Nothing, zippo from the Doctor, apparently she deemed me not to be important enough to say "oops, I am sorry".

Ok, fast forward again to May 5, 2008. My breathing issues reared it's ugly head and off I went to the ER. I had been in and out of this ER several times over the last two years and knew most of the staff and they were always cordial with me. This time they were all distant and as cold as ice. I was left to huff and puff for over an hour and was very apprehensive, my anxiety was thru the roof. I asked a Nurse if I could possibly have something for anxiety and she left to "ask the Doctor". In the background I hear her tell the Doc that I am asking for drugs and the hospital records state that I am a DRUG SEEKER. Seems this Doc put it in my records and did not retract them. I got up, slowly walked out of the ER and spent the last 10 days dealing with my lung diease without medical intervention.

Now I am calling the hospital demanding the label be removed and so far I am told it can not be. I have no clue as to how I should proceed, I have no money to hire a lawyer, none. I guess I am stuck with being legally prescribed opiate pain meds and have been for 10 years with not one single issue but in the Hospital's eyes I am a JUNKIE.

sorry for the rant on my very first post....................

Nizz, I get so angry hearing things likw this!   How dare that doc to something that could possibly follow you around for the rest of your life. Is it possible for your pain doc to get involved? Are you in a position to hire an attorney? Also I know when I have been in the ER I've seen numbers for patient advocates posted, could you find one of those to see what your options are. This is the kind of stuff we as CPer's shouldn't have to deal with, we have enough to deal with our CP.  I am so sorry this happened to you.  Hopefully there will be some more suggestions for you and some you'll be able to follow up on.  We are hearing so many similiar stories lately we have to do something about how CPer's in this country are treated.

Take care

Melissa

At the very least you should be able to get a copy of your records to see what it says.

I transcribe the medical documents, and have often done some ER reports where they state the patient has drug-seeking behavior, BUT they always spell out exactly why they feel that way. I have learned from typing these reports that there are a number of things that set them on the thinking of drug seeking. One being asking for a drug by name. Second is stating an allergy to everything known to man EXCEPT for such and such (such as I can't take Lortab but I can take Vicodin.....when hydrocodone is the active ingredient in both, thus, ruling out the allergy). And third would be getting up and walking out AMA. To them, that just solidifies in their tiny mind that they were correct. AND THEN they go on to send a copy of this note on to every doctor listed in your chart in the recent past.

Unfortunately, you did 2 of those (and I am not saying that there are only 3 triggers for them, those I just the most frequent I hear). You named Ativan and then when you overheard them you walked out. You should have stayed put, the doctor would have come in to speak with you and you could have cleared the air right then and there.

I agree with Ryand and Boxlover about finding out about the patient bill of rights and the advocacy group. Although, I believe, the patient bill of rights for an ER are basically that you cannot be refused services for inability to pay. But I would definitely go to the Medical Records Department and sign a consent for a copy of your records. You may be charged a small fee for doing so, but in the long run it will help you so much to know EXACTLY what was said, it's easier to fight when you know the actual "crime."

Best of luck to you. Please, do keep us posted on your progress with this, it has definitely piqued my interest.

Edited to add:  Shelter' and I were posting at the same time...that's a good idea too, contacting whoever is over your medical department. 

I'm so sorry you were treated that way.  I've been through similar circumstances as well.  It's just awful that doctors have the power to "label" a patient a drug-seeker and have that follow you around.  IMO, since this hospital apologized to you IN WRITING, acknowledging no wrong-doing by you after this same doctor made the accusation, I would demand that the "drug-seeker" comments in your records be removed, and that any notices to other physicians be retracted.  I understand not having the resources to obtain counsel for this, but it should be fairly inexpensive to have a letter such as this drafted by an attorney.  Or, you could just do it yourself, and hire an attorney if they don't comply.  I really think this is a big enough deal that some fairly strong action on your part is required.  You don't want this following you around, especially since you're a chronic pain sufferer and will likely continue to need narcotics to live a half-way normal life.  None of us need another obstacle to obtaining our medication.  God forbid we should actually get to have a few hours of the day that are bearable as a result of pain medications.  Good luck and God Bless.

Anon 

Not trying to hijack your thread here, but I just wanted to say a little more on this subject.  Fortunately for me, I haven't suffered for nearly as long as you have (I'm on 4 years).  I've been able to continue working through all this, though admittedly it has been very difficult and my effectiveness as an employee has been severely diminished.  After numerous procedures and 4 surgeries, I can honestly say the toughest things to deal with have been the perceptions of others.  I've always been a high achiever, from grade school all the way through 20 years of my career.  I've been married 20 years to my high school sweetheart, I have an excellent reputation in my industry and the community, and heck, I've only had 1 speeding ticket in my life!  Yet, I get funny looks from the pharmacist when I refill scripts.  They regularly "miscalculate" the number of days my medication should last, requiring me to call the pharmacist and my insurance company to get it cleared.  When I explain that 90 pills, taken 2 at a time every 4-6 hours, won't last me a month, they say, "Well, MOST people don't need refills that quick."  Really.  Yeah, and most people don't have to wake up 1 hour early every day so I can take pain medicine just so I can physically get out of bed. 

I've been seeing my surgeon (now my EX-surgeon) for over 2 years, and he's cut on me 3 times.  I ran out of meds ONE day early ONCE, and I had the audacity to think that asking them to call in my script 24 hours early shouldn't be a big deal.  I got a nasty call from his nurse grilling me about my drug use and told me I was "breaking the law" by "abusing" my meds, and that they would only prescribe them for me until they could transfer me to a pain management clinic.  And this after I had reduced my medication, on my own, to a third of what I'd been taking 6 months previously.  In retrospect, I realize I most likely didn't run out of meds early; it was more likely another "miscalculation" by the pharmacy. 

Shortly after my first surgery, I got a big promotion at work.  It ended up being bad timing, as I had to have surgery twice more in the next 9 months.  Shortly thereafter, I was "transferred", effectively stripping me of my promotion.  Although I had only taken ONE WEEK off for each surgery, my employer began perceiving me as a "slacker", and accused me of searching for another job when I had to be out for doctor's appointments. 

My point here is that although I've endured so many painful procedures, injections, and 4 surgeries, the most difficult and painful things to deal with has been how others have mistreated and mis-perceived me, my condition, and how much pain I suffer daily.  I'm a businessman, and I'm accustomed to dealing with people in tough situations and not taking it personally.  But when you look to your caregivers to help you (and you pay them well to do so!), and they treat you poorly and question your integrity, it's hurtful.  We all hurt bad enough without having to deal with this crap.  And, all this I've described doesn't include the strained relationships with family, loss of support group of friends due to my inability to join them at get-togethers, loss of self-esteem, depression, anxiety, blah, blah, blah......

I wish I had some great advice I've learned from all this that I could pass on so others don't go through all this, but I don't.  I'm sure many of you reading this have experienced far worse than I have.  I know I've ended up with far less tolerance of other people, and my faith and trust in other people has been severely damaged.  I currently have a very dim view and general mistrust of others.  Previously in life, I've always refused to let the actions of others damage my ability and willingness to trust people and look for the good in everyone.  Hopefully, this will heal as my body does.  Good luck and God Bless, everyone.

Anon  

Post Edited (A. Nonymous) : 5/15/2008 11:48:57 PM (GMT-6)

Bless your heart, this story just keeps getting worse!  After this explanation of the depth of problems this b!+ch caused you, I DEFINITELY would sue both the doctor and hospital.  Find the most respectable "ambulance chaser" you can find.  They most likely will have free consultation and will take your case on contingent rather than fee basis.  Since this Doc is so fond of citing her "expert opinion", let's see how much she enjoys reciting it before a judge and jury.   

And although he was wrong not to hear you out initially, kudos to your PM doc for taking a stand with you.  There are very few doctors that will be an advocate for their patient when it means lining up against other doctors or a hospital.  This guy deserves a medal. 

I've never personally sued anyone in my life, though I have been party to numerous suits (both as plaintiff and defendant) as part of my occupation.  I don't suggest taking someone to court lightly.  But this lady almost caused you to lose your access to pain management, and if you're like me, that's not the death penalty, but it would mean the end of a functional, desirable existence.  And now because of her total lack of concern for a patient and her gross arrogance, she continues to injure you by preventing reasonable care at an ER facility.  She sure sounds like she thinks that new "Dr." title on her business card is spelled "GOD".  Sue her and the hospital.  They've already given you an admission of guilt in writing.  Good luck and God Bless.

Anon   

Nizzan, if you are truly interested in getting some attention to the situation, then you need to contact JCAHO (the Joint Commission on Accreditation of Health Organizations).  To recieve accreditation from this organization, a hospital MUST adequately treat pain until it is under control, per the patient bill of rights.  I am not a lawyer, but I do know that hospitals take a complaint to JCAHO very, very seriously. If enough complaints are filed, a hospital will lose its accreditation. I am willing to bet that this hospital will not take a chance of losing its accreditation over this hyper sensitive hospitalist. Believe me, where there is smoke, there is fire; if you have had a bad experience with this doctor, then more than likely other people have, too.

Also, I would say this. As long as your pain management physician stands behind you, and trusts you, then you have no reason to fear going back to that hospital.  Despite the label in the records, physicians are required to adequately treat your pain.  In addition, if your pain management doctor is made aware before hand that you are going to the Emergency Room, then he or she can phone ahead and prepare the staff.  You should never have to go to a completely different hospital system because of a paranoid physician.  You know, I understand that you can't afford an attorney. But if it was me, I would be so, so angry at the violation of my privacy and trust that I would find an attorney somewhere that would not only remove that label from my records, but also file a suit against the hospital and physician for behavior that may have aggravated your condition. 

Good Luck, ~PainKILLER 

Nizz, have you thought about going to the press with this?  This might put pressure on the hospital plus you might be able to find a lawyer who is willing to help pro bono?  Normally I wouldn't suggest this, but something needs to change here.  It is not acceptable for you to be treated that way.  Just a thought.  The press might not want to do a story about it, but you have nothing to lose just incase they might.  J.ust a thought. Oh and I would definately contact JCAHO

Take care

Melissa

Nizzan,
I have to weigh in with A.Non's earlier comments. And I don't think a law suit is always as easy as the tv commercials make it sound, but you're being put through the ringer here. And it also sounds like there may be some solid ground to get some justice for yourself, and future patients of this doc. I also think it's great you PM doc supported you - and I'd be sure to keep lots of copies of his/her letter to the hospital and the hospital's correspondence which helps to vindicate you on hand. And I'd take them all to a few attorneys who specialize in medical malpractice and get a few free consults and see if any will take your case.

Yes, you can go to the media and write JCAHO, but these will be processes that will likely cause you more stress but at least with a law suit you may actually get something for your trouble. And have some things changed in the record. It's very difficult to force a doc to change a medical record, but it's not imossible. Like I suggested earlier, a complaint to the state medical board can be one way. But having a lawyer handle it all for you - on a contingency basis - at least means you don't have to do it all on your own.

I'm glad you have good documentation of how this doc erred; that's usually pretty hard to get. And Big Lucy's comments about meds interactions, plus the fact there were already warnings in your medical record this doc ignored, seems to strengthen your case even more.

Good luck!
PaLady

Wow, thanks for all the info. To answer just a few quick questions; I cannot go to the press because of what I did for a living prior to retiring three years ago. It would be so humiliating to tell the world I have been labeled a drug seeker that more damage would probably be done than what's been done already.
I have talked to a bunch of lawyers I know personally and all agree a lawsuit would be nothing more than a battle of money. The hospital has far more disposable income to throw at lawsuits and they would break me alot sooner than my case could go to trial. While I do believe I have a great case it is not a personal injury claim so contingency lawyers will not touch it. It is a punitive damage case and there's no guarantees that the suit would pay more than a law firm would need to put into it to turn a profit. That's the bottom line for a lawyer; profit.
For me it would be my dignity, I don't care about winning money. What I want to win back is my good name and the ability to save face. I live in a community where many of the folks work at this Hospital so every time I run into a hospital employee I immediately want to hide. There is no money in it for a lawyer to make this stop.
As far as benzos and methadone, I never knew they worked that way together. My PM Doc, who has been wonderful to me for the last eight years never commented on the response to this type of combo.
Since this happened I feel like I have aged 50 years............................................Thanks again to all of you, you guys are GREAT!!!!!

Stop talking and start writing. Send letters to the chief hospital administrator and medical director, the state medical licensing board, the doctor involved and possibly an attorney. No one responds to vocal complaints these days. Get a copy of your medical records - they will charge you, but you need to be able to see what has been written about you.

Good luck and I hope you feel better soon.

I just want to add that as soon as I was made aware of the problem I wrote letters to every admin type employed by the hospital. The end result was a very apolgetic Director of Nursing and a promise of a written apology from the Hospital's CEO/President (that has yet to arrive) BUT my hospital record will remain unchanged. This very young, immature, and inexperienced Doctor with a very obvious bias towards narcotics refuses to change her report and her position remains unchanged; that she is allowed to document her "expert" opinion and said "expert" opinion is that I had hidden some pain meds somewhere and took them. My wife and I have tried explaining until blue in the face that I arrived to the ER via ambulance and then spent three days in ICU before being moved to a regular room. I was intubated in the ER and woke up after extubation in a hospital gown that we all know has no pockets, so where would I have hid them? (yeah, right.......LOL). All to no avail, she won't budge and although I have been informed she has been "counseled" they cannot force her to remove her opinion. I asked if the Hospital could put some kind of footnote on this report that when accessed would at least explain this incident but they refused. I wish I had the money to hire a lawyer to simply get this one page removed from a record that began in may of 1986 and spans more than a million bucks in hospital care that they got to bill at 100% because my injury took place on duty and is covered by Worker's Comp. That one page..that one............................page, that ONE............................................................page is a lifelong black eye of major proportions that has impacted me so severely that I have a hard time just holding my head up. I know most of this is due to an overblown emotional response on my part but having to live under the stigma of taking Methadone for pain relief and not Heroin addiction as most think has been very hard to bear. Many of us who take opiates 24/7 know how uncomfortable it makes them feel, like standing in line at the Pharmacy and having the Pharmacist say loud enough for others to hear; "I did not have 100 Methadone tablets so I owe you some but I did have enough Oxycodone to fill the other script". I know it's a big time HIPPA violation for the Pharmacist to do something like that but it does happen and regardless of the disclipline faced by the big mouth the damage is done. If he had yelled that he was short some Insulin no one would care but say the words Methadone or Oxy and all look and listen!! Now I add to this the thought that my medical record indicates I am a Drug seeker and possible substance abuser and......It hurts and it sucks........ It is a feeling I have lived with for so long that no matter how hard I try I cannot get over being made to feel guilty for seeking pain relief and some quality of life.
There is something simple that I can do but for some reason I cannot figure out what it is. This is why I finally decided to register here and finally post. I have lurked here quite a while and the opinions and advice I have read here is some of the very best given by what I percieve to be some of the most compassionate and caring people I have never met but feel like I know! It's my hope that with our collective heads I can walk into the ER (or roll in) just feeling very sick and very bad but not feeling like a drug seeking Junkie.............

Thank you all so much, I truly appreciate all your help.

Why don't you ask your lawyer friends about the possiblity of suing the doctor for slander/libel.  That's exactly what she did to you.  I'm not one that really believes in suing, but, since you've tried every other way of expunging the defamatory statements on your records, this may get everyone's attention.

 

Sherrine