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Cherchez la Femme

(2,488 posts)
Thu Feb 2, 2012, 03:01 PM Feb 2012

Is there a Doctor in the house?

or attorney who deals in medical issues. (State: Pennsylvania)

I need a non-medical question answered, please.

I have a friend who is having a problem with a doctor she was referred to. I really don't want to go into the whole darn story, but the upshot is:

I thought there was some kind of law that if a patient calls their Doctor, the Doctor HAD to call back.
I thought legally, but at least ethically.

Would anyone know if this is true?

A second question is what is one to do, or what can one do, if a doctor (in this case the one referred to) outright lies about what was discussed in the 'examination'?

My friend is in hysterics over all this, and she feels powerless as it is her word against those demi-godlike MD's. And IMO she is right.


Hosts: I put this thread here rather than the Lounge because I thought I'd reach more... let's say serious-minded people. I don't mean to disparage Loungers, but the level of um, discussion (if you can call it that) falls way below what I've experienced in this forum. Thanks.

8 replies = new reply since forum marked as read
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Is there a Doctor in the house? (Original Post) Cherchez la Femme Feb 2012 OP
This message was self-deleted by its author Bunny Feb 2012 #1
She should talk to the physician who referred her and ask for a different referral. MineralMan Feb 2012 #2
That's the MD who won't return her call Cherchez la Femme Feb 2012 #3
How long ago did she call? MineralMan Feb 2012 #4
She called yesterday morning Cherchez la Femme Feb 2012 #5
Doctors seem to be reluctant to prescribe pain meds. MineralMan Feb 2012 #6
In a quick nutshell Horse with no Name Feb 2012 #7
I am going to give this some thought Horse with no Name Feb 2012 #8

Response to Cherchez la Femme (Original post)

MineralMan

(146,317 posts)
2. She should talk to the physician who referred her and ask for a different referral.
Thu Feb 2, 2012, 03:07 PM
Feb 2012

She can explain the problem to her regular doctor.

I don't know of any laws that require a physician to return calls.

Beyond that, since we have no idea what this is about, I can't say anything else.

MineralMan

(146,317 posts)
4. How long ago did she call?
Thu Feb 2, 2012, 03:27 PM
Feb 2012

It takes mine quite a while to get back to me. Now, though, we do have a way to email, and his assistant usually gets back within an hour or two.

I thought you said the doctor she was referred to was not telling the truth or something.

There's just not enough information to really discuss this, I think.

Cherchez la Femme

(2,488 posts)
5. She called yesterday morning
Thu Feb 2, 2012, 04:46 PM
Feb 2012

I'll try to put this in a nutshell (still gonna be long):

She's been with one Dr. for over 30 years, for 20 of those years she's been treated with chronic pain, to which her then Doctor prescribed Tyl. c/Codeine #4. Her chronic pain is so bad she hasn't worked in almost 20 years. She stopped counting at a dozen surgeries, and it's probably more than doubled that number by now.

Anyhow, this doctor recently retired.

She went to a new one, this doctor issued her a prescription the same as the previous doctor (N per day) and referred her to a local Pain Treatment Specialist (which she had already gone to, but in a different city, 20 years ago when this whole thing started/became unbearable).
She went to see this 'specialist' who didn't even do a physical examination, although the X-rays the new doctor ordered showed both scoliosis and spinal degeneration. All he discussed, regarding medications (he didn't discuss any of her surgeries at all) with her , was that
#1 he didn't 'like' the med. she was given for muscle cramps/spasms because it turned into phenobarbital in the system (which she didn't know but doesn't remember if she thought that or said so verbally) and that
#2 That taking more Tyl & Codeine #4 isn't going to help her any more than it is already (she is at the max per day) to which she said to him "I agree!"

The prescription she was issued from her GP, taken as per that doctor's directions, ended/ran out a couple days ago. She called that MD for a refill. That MD now says she should have a certain number left
--that in essence the directions written were really not the right ones, and that she should have taken less (how, exactly, she would know that is anybody's guess).
The GP said he wasn't going to issue a refill and to call the Pain Treatment specialist AND/OR if the pain was too much to go to Emergency. (Now this is one of my friends major complaints: One is not supposed to go 'shopping around' for doctors/medications; if she did they could point the finger at her and say 'Look! She's trying to get something over on us!' yet it was the MD himself who told her to go to 2 other, different venues to obtain medication)
So she called the Pain Treatment guy (who, turns out, has a rating of 1.5 stars out of 5 in patient health surveys; N=36, so it wasn't one or two disaffected patients). Guy never called her back so she finally called and was told that this doc faxed over to her GP 'I don't know WHY she is so resistant to weaning off Tyl' (and nothing substituted) when he never mentioned anything of that sort to her. The only discussion about medication at all was what I have already iterated.
Now after this she is freaked out and crying. She calls the (original) GP to both change appointment to be seen ASAP and to discuss with Dr.'s nurse/PA that the Pain Treatment guy, unequivocally, was lying.
Doctor doesn't bother to call her back. At all.
Tough beans, sweetheart.

After following the rules with her first, retired doctor for decades, now she feels she is being portrayed like an off-the-street drug addict trying to cadge medications, and it is her word (and evidence, as regards to how that prescription was written) against both these doctors.
So, in essence, she's got virtually 2 doctors who have lied to her.

I'm extremely concerned about her, she already suffers from major depression and has said that she doesn't want to, and will not live a life in constant pain. She is virtually a recluse in her house because of the pain -- even with med (she's been on Tyl for so long it really doesn't cover the pain anymore but she's refused to talk to her original doctor about anything stronger because, as she told me, 'I've already got a monkey on my back, I don't need an ape')
Also, sudden withdrawal of these kind of medications can also cause seizures.

So she's crying, upset, withdrawn and in pain

and I'm angry.
I at least want to find out if this primary care physician who won't even call her back is legally or ethically deficient.
She's being treated horribly and neither she nor I know what, if any, recourse she has to anything. Who does she call or write to? She's powerless with no chance of success, or being at the minimum Believed, over these 'titans of medicine'; and in the short term at least, she's hopeless.
I told her to go to commit herself if she becomes so despondent that she wants to end it, but she told me that one insurance just ended on the 31st and that she has no cards for the new, private, insurance so admitting herself at this point in time is out of the question. (Yeah, I've told her that she can be billed and then present the new Insurance Company with it but her husband says no, that won't work. He's a real fucking concerned prince, he is.)

And I don't want lawsuits after the fact. I want action before anything happens.
But I find myself powerless too; only grasping at whatever straws I can think of,
and calling her every hour to make sure she's still here.

MineralMan

(146,317 posts)
6. Doctors seem to be reluctant to prescribe pain meds.
Thu Feb 2, 2012, 04:58 PM
Feb 2012

I'm afraid I don't have an answer on this. Pain management requires a lot of cooperation between patient and doctor. If she can't switch doctors, then she'll have to talk to the one she has, I guess. Very difficult situation.

Horse with no Name

(33,956 posts)
7. In a quick nutshell
Thu Feb 2, 2012, 05:08 PM
Feb 2012

I am sorry for the predicament.

However, it is likely that since the PCP referred her to a pain specialist, he has bowed out of prescribing her pain medication since she should be under a "contract" with the new doctor.

However, there is definitely some miscommunication here that is not helpful to your friend.

It is not illegal for a physician not to return a phone call. Unethical, sure. But at the beginning of most conversations there is a disclaimer that if it is an emergency, to hang up and dial 911.

I sincerely hope she gets it all straightened out and she gets some relief for her pain.


Horse with no Name

(33,956 posts)
8. I am going to give this some thought
Thu Feb 2, 2012, 05:22 PM
Feb 2012

but in the meantime, can you check what the laws against "patient dumping" are in your state.

Will answer more later but am on way out the door.

Good luck!

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