Legal Question in Medical Malpractice in Pennsylvania

medical law

I have been a pain clinic patient for 8 months. During that time I have been prescribed increasingly heavier meds. I just had surgery Jan 2, 07. I have been, since that operation, on Dilotted (sp) demerol, percocet, some, flexeril, loratab, and now I am on MS contin. I took a urine drug screen for the clinic Feb 6, 07. Yesterday I got a certified letter stating that the screen showed no meds. I had another screen Oct 27, 06, which I was on heavy meds, too, and it also came back neg. (I was not told this until yesterday. )Now they are saying I will no longer be prescribed meds, no weaning me off the heavy stuff I am on, NOTHING!! I went to another hospital and requested a drug lood screen to prove the clinics tests were wrong. I was told I needed a work order. My clinic REFUSED to give one, since in the dr's words ''I have no addictions to any meds, since I am not taking any of them.'' I had a cervical spine fusion, bone removed from my hip, and a lumbar lamenictomy, and no drugs were found? I offered yo pay for another screen, but they are not doing it. Now, I am left addicted to heavy meds, I have a pending case with ssd, in which the alj was accusing my dr of falsifing records. NOW THIS?? What am I supposed to do? HELP!! Please.


Asked on 2/16/07, 2:37 pm

1 Answer from Attorneys
Arthur Newmark Arthur Newmark, M.D.. Esq

Re: medical law

First, I�m very sorry for the position you find yourself in.

In general, medical malpractice attorneys do not address this kind of problem as in general, medical malpractice consists of seeking money awards months or years after a medical injury has occurred.

In general, questions of access to medical care are addressed by either civil rights attorneys, �healthcare lawyers� or perhaps the state Board of Medicine.

Another malpractice attorney may feel differently, so I encourage you to contact attorneys if you believe you have a case.

Taking your history at face value, you are describing is called a �false negative� test for narcotics. A quick search of the medical literature indicates that this may be possible. See Headache. 2004 Jan;44(1):44-7. Laboratory Monitoring of Oxycontin (Oxycodone): Clinical Pitfalls.

By giving you this information, I make no representation that this applies in your case, however, you might share this with your physicians, and/or a civil rights lawyer, health lawyer, or other lawyer you might be consulting with.

As a medical malpractice attorney, I am not in a position to help you with this.

I�m sorry that I have nothing further to offer.

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Answered on 2/16/07, 8:14 pm


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