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Posted 4/19/2011 2:58 AM (GMT 0)
hello,

my pain doctor, who has treated me like pure unadulterated crap

for the last year and who has played with my medications

for the last year.  It has been a very stressful year with

him, refuses to give me a letter of resignation as my doctor and

to give me a complete set of my files.  I have written to

him.  I have told him i would contact the AMA if he did not take care of this.

The pain doctor at NYU who installs the SCS requires the

release letter and the set of files.  And i cannot get them.

I have emailed everyone at Beth Israel, nyc right on up to the

president of the hospital who wrote back to me promptly

with his apologies and said he would take care of it.

And??? I still don't have this.  I would like to file complaints

with the AMA and anyone else regarding everything this

doctor has done to me including cutting off all my meds on my last

visit to him.  He is evil and that is dangerous.  Does anyone

have any suggestions on what I can do or how to file complaints

against this doctor, Dr. Slomba.  I just don't think he should

be allowed to do these things and i think he is dangerous.

so if you know how and where and what i can do to complain, i would appreciate it.  thanks, marsha

Posted 4/19/2011 4:20 AM (GMT 0)
IMHO all correspondence about your medical records, etc should be handled with regular mail and not emails or phone calls. In addition all letters sent should be sent return receipt so you have proof that they did receive them and you should also keep copies of all letters written. This way you have an actual paper trail should this drag out and you are forced to seek legal means to get your records. I would also go ahead and send letters to both this doctor as well as the president of the hospital and tell them that they have 7 days to get you your records or you will be seeking legal assistance. Make sure to clearly spell out exactly what you are wanting.

If you can't resolve this yourself with this doctor or hospital then your next step would probably be to either hire an attorney or contact the NY attorney general's office and file a complaint.

Contacting the AMA will not do you any good what so ever in regards to either your records or complaints about your treatment. Contacting the NY state office that deals with medical licensing is who you would want to contact in regards to issues with your treatment.
Posted 4/19/2011 6:00 AM (GMT 0)
You also can send him a letter terminating your relationship with him as your doctor and demanding that a copy of all of your records be prepared, that you will pay the costs of the copying ( reasonable fee/rate per page) and that you will pick them up on xx/xx/xx . Send it certified, registered mail, return reciept requested.
Then show up on the day you stated to pick up the copies and do that. I hid a voice activated tape recorder in my purse one office visit with my previous surgeon. In my state, as long as one party to a conversation is aware it is being taped, then it is/was legal.
Sandi
Posted 4/19/2011 1:53 PM (GMT 0)

 

     Dear Pain Lady,

    First off, I am terribly sorry he has done this to you. I am terribly sorry you have to go through this. This should help you...

~~> Office of Professional Medical Conduct

"..Examples of medical misconduct include (but are not limited to): practicing fraudulently, practicing with gross incompetence or gross negligence; practicing while impaired by alcohol, drugs, physical or mental disability; being convicted of a crime; filing a false report; guaranteeing that treatment will result in a cure; refusing to provide services because of race, creed, color or national origin; performing services not authorized by the patient; harassing, abusing or intimidating a patient; ordering excessive tests; and abandoning or neglecting a patient in need of immediate care."

   This is the office for your state. They should be able to help you. Again, I am terribly sorry you are being treated like this.

*warm hugg*
      dani

Posted 5/9/2011 4:32 AM (GMT 0)
i thank everyone for their kindness and their suggestions.  It is my intention to sue.

mainly bec. all the meds i was given has led to my having COPD and now i believe my life is shortened.

and when i got out of the ICU for the COPD and i went to my appointment (my last with that incompentent nitwit) he cut off all my meds but did prescribe the duragesic patches which i believe are the worst for COPD.  I will go forward with the complaints to the state board that was suggested.

does anyone know a good malpractice lawyer in New York City?  I would appreciate this information.   i was well, vibrant, active, healthy and then in 1986 i had spine surgery L3-L4 with hardware

and that produced failed spine surgery with fibromyalgia and terrible nerve damage all in my

feet.  So i was put on duragesic and oxycodone for the pain and that produced COPD and shorter life expectency.  This was all at Beth Israel hospital in NYC.  My records have always indicated that i have asthma and that i am on medication for it. I am so angry.  but i am working on my health and my stress free life and my anger.  best. marsha

 

Posted 5/10/2011 2:19 AM (GMT 0)
Hope you use the above information and that this will finally resolve your issues, I'm sorry you
had to suffer with a bad doctor, hope you can get a better doctor, it'll be worth it once you gotten
a better doctor...Keep us posted and lots of well wishes...
Posted 5/10/2011 5:09 PM (GMT 0)
To Pain Lady, I not sure why  but some doctors seem to think they are god-like people who are above the law.

The fact is your medical records belong to you.  There are no if, ands, or buts about it. Your medical records are just that they belong to you.

I am sorry for what you are going thru, I have had similar experiences but nothing as serious as what you are talking about.  Bottom line Your Medical Records belong to you.  The only reason I can see that the doctor does not want you to have them is there is something in them he does not want anyone to see.

I am not sure where you are from, but in Maryland, Virginia and the District of Columbia there are legal aide persons who are happy to help force doctors to give you what is rightfully yours.  They do this for free or on a sliding scale, meaning depending on what your income is you might pay a little something or you might pay nothing at all.

Good luck to you, and you get back the power over your life.  This is very important, doctors are human beings just like you and I and all the rest of the people in this world.

Hoping you are having low pain day and many big gentle hugs to you, keep on fighting for what is yours

Posted 5/11/2011 5:15 AM (GMT 0)
i just want to say thank you for your support.  i am really grateful to you and to everyone here.  i started calling lawyers today.  it has been getting interesting.  i was advised to wait until i see new pain doctor to see what results of his advice for treatment will be before i take action.  And i will follow this advice.  First appointment is in two weeks.  thank you.  marsha
Posted 5/11/2011 3:43 PM (GMT 0)
For your medical records...I've included information below so that you know the correct terms and procedures to follow. As others suggested...you need to contact that office one more time to state that you will be contacting the Dept. of HHS (see below) to get your records if they are refusing...also as others stated..you do have to pay for each page they have...

As far as trying to sue and prove that they are negligent because your fusion failed is going to be a really long and expensive road which I hate to say that it probably won't be in your favor...Unless the Dr. was under the influence...did soemthing extremely heinous during the operation that caused direct harm...fusion failure is pretty common...when we sign all the paperwork for the surgery...we are agreeing that it may not solve the problem...take away the pain...and possibly make us worse...that is the unfortunate side of fusion surgeries.

My first fusion...using my own donor bone...failed after 4 years....I just had my 3rd cervical fusion a few years ago...

And on the other issue about the pain meds causing you issues...I am almost certain that in your records you signed something showing the side effects that are possible with narcotic medicine....As well as the pharmacy, by law, every single time you pick up your medicine...hands you the information about each medicine and the long list of side effects....

Yes..there are some awful Dr.s out there...and if you research online about your particular Dr. and see that he has a long list of complaints against him...then you might have a case with the medicine...

If this Dr. is truly negligent and has proven records of causing others harm..then go forward. Just be extremely careful of what type of lawyer you are choosing...there are many unscrupulous one's that will take your money...

I just am really trying to help you by saying that maybe it would be best to follow the procedures to get your medical records first....Read through all of them and then go from there..

You have to decide what the percentage of actually winning a case is (maybe 5% or less) with the tens of thousands of dollars it will cost...along with the added pain and stress of this...

I really feel for you and your pain...we all empathize with you here...I wish you luck!!




****The federal law called the HIPAA Privacy Rule gives you the right to see, get a copy of and amend (correct) your medical record by adding information to it. (HIPAA stands for the "Health Insurance Portability and Accountability Act.") Most states also have laws that give you rights in your medical record.

The U.S. Department of Health and Human Services (HHS) provides a procedure patients may follow if they believe their rights have been violated under HIPAA laws. It includes filing a formal complaint through an online process.

If the violation is heinous enough, the HHS, or even the Department of Justice, may invoke a penalty to the violating entity, ranging from a $25,000 fine to 10 years in jail and a $250,000 fine.
Posted 5/12/2011 12:35 AM (GMT 0)
i snowbunny.  i am only looking to sue for the doctor giving me all those (narcotic) meds which are contra indicated for asthma.  the asthma is on all my records.

the pages where it says that the doctor explained the meds to me was left blank.  he never did explain the meds.  he just handed them out.  i spent 5 days in ICU for COPD.  It was very scary.  After i got out of ICU i went to see him for meds.  i had written to him about ICU and that it  was caused by the narcotics (pulmonary doctor said) and that we needed to switch the meds.

He then cut off all my meds except for the duragesic which is probably the worst offender so i am told.  This was days out of ICU for COPD.  In NYC lawsuits are done on contigency.  I have been advised by lawyer i spoke to to wait until i am put on new meds to control pain and then see if the COPD calms down.  I am seeing pulmonary doctor on Friday.  I have lots of questions about COPD.  After requesting my records over and over since the beginning of march, i got a few pages last week.  I then complained again and got this letter from the head pain doctor.  This is how bad they are two months later. 

We have been extraordinarily responsive to email complaints that you have sent repeatedly to hospital senior management.  At this point, with confirmation that you will have all your records shortly, we believe that it is time to stop.  Accordingly, we will no longer reply to your emails.  With rare exceptions, our policy heretofore has been that all concerns related to our pain practice must be conveyed by letter to the Chairman’s office.  This policy will now be followed in your case.  If you wish to have a notarized copy of your records, or there are other issues you wish to address, you may send correspondence to the address below. I usually don't write this long and quote doctors but it has been horrible year with these dudes.  thanks, marsha  

 

Posted 5/12/2011 12:39 AM (GMT 0)
hi, sorry. i sent wrong doctor paragraph.  after requesting my records for more than two months,

the senior doctor wrote that I need psychiatric help.

Now there is a great doctor.

Posted 5/12/2011 12:40 PM (GMT 0)
Im sure you could probably have a suit against some doctor randoly saying you need psychiatric help because your trying to solve one of your problems with a doctor.

And I have asthma and have had it since 6 months old. I have proventil inhaler, I have advair diskus, I have singulair pill I take everyday, and I still have a nebulizer also, I most likely take stronger narcotics then you do and I havent had a single problem with my asthma because of them. Its one of those side effects or things listed that they list just to save them if that 1 in 1million chance something does happen to someone. Not because its common.

And I doubt that as said earlier that you have even 5% percent chance of winning a case based on prescribing narcotics to as asthma patient this is by far a common practice all over the country. And yes not just NY but the country does most suits on contingency but the thing is no lawyer/attorney will TAKE THE CASE because of that very fact. They know its not a winner and that they'd lose all of their own money they put up to fight the non-winning case.

And when it comes to the surgery, you sign a form that says something like 'medicine is not an exact science, and is ever evolving, and new techniques becoming available' meaning there is nothing to say that you will not be in need of more medical attention or be in more pain or whatever.

I'm sorry to say I feel your lucky he didnt cut the fentynal patch off like he did the other medications or you'd be severely hurting from withdraw. Matter of fact I'm surprised your not withdrawing from the stoppage of the other medications.

I feel that hospital system that your dealing with about that pain doctor to write you that email back and tell you that you need to see a psychiatrist is surely a hit to your personality, intelligence, and education. And is surely uncalled for, and a truely wrong way to talk to anyone no matter what kind of patient they are, including the worst patient a doctor has seen in their career. You said he was a 'senior' doctor i dont know what you mean by that if you mean an attending or if you mean like senior as in management, because if its management then there might be a real reason for that... that he has no bedside manner is certainly obvious though.

I wish you all the luck, and hope in finding a new doctor, and a doctor that you can get along with and agree with and understand each other.
Posted 5/12/2011 5:55 PM (GMT 0)
Hi Marsha, I have been following along here about all of the problems you have had with this drs office and the dr. One thing I wanted to ask, is did your new PM dr ever have you sign a release so he could send it to the prior dr to get a copy of your medical records?

Another thing I will point out to you, is when we are given our medications at the pharmacy, each medication comes with a printout and it tells you the risks and complication that may arise out of using the medication. I do know with narcotics it states it in there about breathing difficulties caused by narcotics. I am only mentioning this because I was a paralegal over 20 yrs and we handled medical malpractice claims. They are at best very difficult to prove and pretty much unless they cause your death as a result of substandard care people have little chance in suing a dr.

I have COPD and am on narcotics and I have been on oxygen 3 years or so. My COPD was not caused by my medications will point that out. I do hope you can get your records soon.
Posted 5/13/2011 2:20 PM (GMT 0)
straydog,

thanks for your response. my 1st appointment with new pain doctor takes place in two weeks.  this is NYC.  you have to wait forever for doctor appointment.  i had enough meds left  over to keep going, though but do not want to take current meds if there is another solution.  Not with COPD.  I do not understand why you are taking the narcotics you are taking if you have COPD?  the COPD will only get worse.   Were there no other choices for you?  I don't know what you are taking and what your health issues are but i am hoping for myself that i will be able to explore other solutions.  also, again for myself, i find that when i leave NYC as i did for the month of April and go to a warmer stress free environment, i am

able to take less meds.  i know i am fortunate to be able to change my environment and that not everyone is able to do this. I know it is the drugs that caused my copd.  everything else had been removed years ago.   i quit smoking more than 20 years ago and haven't had a cigarette since. 

Posted 5/13/2011 4:16 PM (GMT 0)
Hi Marsha, I have a pain pump and this is how I receive my medications. I am monitored and we can honestly say the narcotics has not been a problem with my COPD. I have a pump and have quality life something I did not have before the pain pump was implanted. Of course we all have been down the road of wishing we did not have to take any medications bu thats just not realistic for some of us.

Last year my sister's neighbor was dx'd with COPD and this woman is like 83 yrs old and has never smoked a cigarette in her life and was healthy as a horse till this happened out of the blue!!!

I do hope your appt goes well with the new PM and please keep us posted on the outcome of that visit. Yes, I am in Tx and it is warm climate, thank goodness. Take care.
Posted 5/13/2011 7:38 PM (GMT 0)

SnowBunny21 said...
And on the other issue about the pain meds causing you issues...I am almost certain that in your records you signed something showing the side effects that are possible with narcotic medicine....As well as the pharmacy, by law, every single time you pick up your medicine...hands you the information about each medicine and the long list of side effects



This is true, however there are also warnings about abruptly stopping your medications. Besides the obvious withdrawal symptoms and rebound pain, people have seizures and all sorts of problems by abruptly stopping their pain medications. That's why most pain contracts state very specifically how far in advance you need to order your refills that you need to discuss any change in dosage with them, etc. It can be very dangerous to just stop.

And this is what this doctor has done. Pulled your pain meds or whatever else you were taking away from you abruptly. This IMHO, is also negligence on his part and could have had other serious consequences along with your COPD.

I know I'm new here, but used to work for a pain center and dealt with a lot of pain contracts.

I wish you well and I hope this guy gets what's coming to him. And also, I hope you get yourself a good legit lawyer that will take care of you. This is the last thing you need when you are already suffering.

Jessupl73
Posted 5/13/2011 7:43 PM (GMT 0)

Pain Lady said...
I am so angry. but i am working on my health and my stress free life and my anger.

I know how hard this is. Anger, stress..it's all related to our pain. I try to overcome these things too, but it sure is hard. Almost impossible, really.
Bless you for trying to take a positive attitude.

And again, I'm so sorry this has happened to you.

Jessupl73
Posted 5/13/2011 9:32 PM (GMT 0)
I don't want to be argumentative...but stopping just regular pain medicines like narcotics...do not usually cause any seizures or deathly consequences..You just need to stay hydrated..

Medicine like Benzodiazepines (like Valium or Xanax)...can and it is listed on the information given at the pharmacy...So if a Dr. stops these suddenly...then you should head to the ER for assistance...

People stop narcotics all the time (think of people who get arrested..or drug addicts...)...and it certainly can make someone feel awful for awhile...nausea, flu like symptoms...diarrhea...runny nose..etc..but it's not a common reason listed for any deaths..

This is stated directly on our contracts from the PM office that they can stop narcotics medicine at any time if we do not follow the rules set out.

That is also the reason that an ER is not required by law to give you narcotics if someone comes in off the street with pain or out of pain medicine...They only have to treat your symptoms...

I happen to be friends with my PM Dr. for the last years and we have discussed these things at length since I am always curious about everything medical...he has been a Dr. for over 20 years and is an Anesthesiologist so pain medicine is his field of study...

Obviously a caring Dr. should want to help their patient wean down off of any type of narcotic and not stop suddenly for comfort and pain purposes...and if someone is in dire need where they feel that they need emergent care and their life/health is in danger than they should go to the ER...
Posted 5/14/2011 12:05 AM (GMT 0)
I have to agree with Snowbunny- almost all opiate medications do NOT cause seizures if they are abruptly withdrawn. They will give you flu like symptoms, muscle aches and spasms/cramps, diarrehea, even some vomiting on occassion, along with a few other mildly uncomfortable feelings/body aches and pains, but they will subside rather quickly, with one exception for one opiate medication- methadone- the withdrawal symptoms can drag on a little longer due to it's half life.
I have a great relationship with all of my PM doctors- and they all trust and respect me as a person and as a patient. But I know that if I break the contract in any way, I am subject to dismissal just as any other patient.
COPD can happen to someone for any number of reasons, up to and including- history of asthma, smoking, exposure to smoke, pneumonia, repeated lung infections and colds, and environmental reasons as well.
While opiate pain medications may or may not cause breathing difficulties, this is usually slowing of respirations- COPD effects our ability to breathe deeply and effectively. The two problems are not the same thing....
It may have just so happened that your doctors recognized your symptoms of asthma had become exacerbated enough to become classified as COPD now....and have NOTHING to do with your developing COPD.
I know that COPD is a tough "disease" to have to come to terms with, but at the same time, symptoms are manageable with medications and if/when oxygen becomes necessary, the addition of that. I have been diagnosed with COPD for 10 years, and am not on oxygen yet, and manage most of my symptoms pretty well with some breathing excercises and the right medications for it.
Sandi
Posted 5/14/2011 4:41 AM (GMT 0)
I agree that a lawsuit or prescribing narcotics for pain, is probably not a great idea,and probably will not progress in any positive direction for you. It will be very difficult for you to find any attorney, who will think he can win this. You chose to take the meds, and were not forced to do so by any physician, and have access to information as stated above, from the pharmacy, or internet, drug books, etc. Evidently you were seeking relief from pain, or would not have been seeing a PM dr. I think this is a frivolous situation.

As for the medical records, you have been given good info. Send a registered letter requesting , with the enclosed proper signature for transfer of medical records , and as advise give them 2 weeks to respond. A better idea is to sign a release of records at the new dr offfice, and let them send them to the old PM dr. That is one way no dr will usually ignore the request. Also, it would be a great idea to contact your insurance provider, if the pm dr was a provider for the insurance company, let them know that he is not cooperating with your request, and that he continues to refuse to release records. Usually, this would be a buzz that he has something to hide. IF this is true, you may find out.

I do not understand that the past PM must dismiss you from his practice, unless the new PM feels he is stepping on toes. I do know that many specialists do not like to treat somebody who has been under the care of another same specialist. Some people just do not get along, and that is true in dr/patient relationships. HOWEVER< the WORSE thing you could do is go to the new DR. and complain about the old, and constantly diss him. OR state you are going to sue for narcotic use.

I wish you the best of luck, and hope you are able to see the new PM dr. and addres the issues effectively.
Posted 5/15/2011 2:35 AM (GMT 0)
thank you to everyone for your replies.  and i think you all gave me great advice.  i went to see my lung doctor yesterday and we went over just how bad my lungs are.  i have kept him abreast about my tribulations with my past pain doctor and it is a pain doctor in his practice that i will be seeing going forward.  i will not be suing my former pain doctor and i am letting go of this whole episode.  Although i think he was pretty evil but i am out of there now.  and i meet with new pain doctor in two weeks.  this sight and your postings have been so helpful in getting me though this.

i appreciate you all so much.  One question.  Someone said they have a pain pump and that works for them.  How does this differ from orally taking meds and from the duragesic?  Also, what is in your pain pump?

exactly which meds?  thanks.

Posted 5/15/2011 9:16 AM (GMT 0)
Hi Marsha, I have a pain pump. It is implanted in my stomach and a catheter is attached and it goes around to my back and drips medication non-stop into the spine where the pain receptors are located. Pain pumps are used as a last resort for people with CP.

The medications used in the pumps is in concentrated form and much stronger than oral medication. As a result you end up needing less medication because of this. There are many different kinds of medication that can be used in a pump, they are not strictly for morphine, some people think that, but not true. Some people have nothing but Baclofen in them and its for spasticity. I have Dilaudid, Buvipicaine, Fentanyl and Clonodine in my pump. Each one of these meds has its own purpose. One gentleman has 7 different medications in his pump, my dr says this is what is needed for him to have less pain and quality life at the same time. Even with pain pumps you still have pain and will have oral medication to take for break thru pain. There is no way anyone can be pain free unless they were made a zombie. I try to keep from taking my BT meds as much as I can it just depends on what I am doing. The Fentanyl patch does not compare with a pump at all. There are no highs or lows with a pump, unless the setting is set too high meaning getting too much medication.

A trial is always done for the pain pumps and a psychological evaluation has to be done prior to having a pain implanted. There are many reasons they do the psych eval before having one implanted. For one thing they want to make sure the patient has normal expectations on what the pump can do for them.

The drs always start you out on a very low dose in the pump and slowly increase the pump over months to get the person where they should be with the pump. My pump is refilled once a month, as it is not good leaving the medication in the pumps for a long period of time, it will lose its effectiveness.

How did your pulmonary appt go? What tests have they done on you and what medications are you on for the COPD?

I do hope your appt goes well with the new PM dr. And as someone mentioned, I would not go to the new dr blasting and talking bad about the prior PM dr. If asked what happened I would simply say difference of opinions or personality conflict and leave it at that. Keep us posted on how you are doing.
Posted 5/15/2011 10:08 AM (GMT 0)
Straydog/Susie,

Just a quick comment to say that I think you do an excellent job of explaining - in a very realistic way - re: having a pain pump.  There are many misconceptions re: the pump, what meds can be put in and all that sort of thing - and I think you do a great job of really telling people what it's like to live w/ one.... especially the part about the need, still, for breakthrough medication. 

Many of you know that I've had the psych eval.... followed by the trial.... For various reaons, though, I'm waiting for the permanent pump.  My oral meds are keeping me stable right now...so that's good.  Anyway, just wanted to take the chance to say that.  :-)

Pain Lady - good luck w/ your situation.... and hope to see you continuing to post here.

--Tina

Posted 5/16/2011 1:28 AM (GMT 0)
Id like to add that if you have a doctor to send a request of records request to another doctor by law they have 30 days to answer, and if not they can send it to somewhere with the licensing board i forget exactly what its called though.
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