malpractice here and alot more

[LittleLisa]

What is the name of your state? DE - 1st, im going to ask nicely that those of you who have been following my thread about my DUI/my daughter, this DOES NOT compell with what im posting here.

My family doc whom of which was for 20 years, started prescribing pain meds in the end of 2002 for a back injury, also was prescribing for anxiety, the benzo family. In the last 2 months of 2002 he wrote out 22 scripts for the month which totals 1,390 pills. In 2003 he wrote 101 scripts which totalled 8,146 pills. By this point I became an addict which i have no problem admitting to.

In 2004 he wrote 173 scripts which totalled 14,900 pills. All I had to do was call him (gave me his private# and cell#) if it was abled to be called in he called it in, if I needed to come pick up(percocet, etc.), id pick it up. In 2004 he started offering me Oxycontin, and just to give an example: wrote out scripts for the Oxy from July-Oct..little breakdown here..2 scripts in July for 20mg&40mg (122 pills), Aug-2 scripts for 40mg,80mg (120pills), Sept,3 scripts 20mg,40mg,80mg and then 2 in Oct.

Now trying to make this as short as possible in the end of sept he asked me to come work for him as his manager, offered me a very good pay rate, i accepted this job, ended up working for him for a week, (he had other intentions" for me.

One day on the way to his office to work i got a DUI/drugs (That is all over right now), well now, heres whats going on, last week a knock on my door my the state senior investigator for fraud, came in, showed me that the doc had been billing my ins for full extended office visits of $95 on days i ws never even there, and for days i picked up scripts, (the state had to supena my records because he orginally said no when they called", i can tell you why, my chart was kept in his office, he never wrote anything in there, (none of the med he was prescribing).

Well he had one day till the ivestigator came and got them, low and behold i could tell, he had that one day to try to account for the billing, and since there had been nothing in my chart since May/04, i could tell by looking at them he hurried up some writing. well he totally scrwed up big time, nothing matches the charges. he ws basically billing the full extended physical exam procedure code for when i even picked up scripts and never even saw him.

To sum this up, i was in hospital for 7 days, first 2-1/2 were in rehab which i admitted myself, then rushed out by ambulance due to my liver counts which I was basically told I was going into liver failure, i ws detoxed in hosp..

After my DUI hearing, the Deputy AG asked to speak to me "off record" and advised that this doctor was a "major interest". Right now heres whats at hand, ive been asked to testify by both the insurance board and licensing board, of course I have agreed. Ive also managed to talk to an attorney who states I have an excellent civil case against him, but to move pretty quick before this all comes out. (not knowing who may come after him after this is made public).

I know he has malpractice in the amount of 2 million and he can not pay back the insurance co with that $, it has to come out of his wallet, I just gave the lawyer (who happens to have been my divorce attorney in 91) who knows me very well all info i have.

I guess what Im asking here is what should be a suitable amount to sue for?, this was not a original thought at first, I just wanted to see him not be able to do this to anyone else. and im a little scared of this whole thing.

Please those of you who know the other issues of my DUI/and the child support about my 15 year old...this is a SEPERATE issue. Please, no saying im in denial, or interfering w/recovery and all of that. Thanks.

 

[panzertanker]

I guess what Im asking here is what should be a suitable amount to sue for?, this was not a original thought at first, I just wanted to see him not be able to do this to anyone else. and im a little scared of this whole thing.

Sue for what???

You freely admitted here that you were addicted.
YOU called, asked for the drugs.
YOU went and got the drugs.
YOU took the drugs.
YOU took a job to be closer to your "supplier".
YOU got a DUI/Drug charge.
YOU know he has a 2 million policy.
YOU want money.
YOU disgust me!

Take responsibility for your actions, testify so that this menace to the medical field will be disciplined appropriately. (taking your story at face value)

Otherwise, why in the hell should you get paid for being a drug addict?
Your punishment was/is the addiction and recovery.
His punishment will be censure/loss of license.
Case closed....

 

[ablessin]

Sue for what???

You freely admitted here that you were addicted.
YOU called, asked for the drugs.
YOU went and got the drugs.
YOU took the drugs.
YOU took a job to be closer to your "supplier".
YOU got a DUI/Drug charge.
YOU know he has a 2 million policy.
YOU want money.
YOU disgust me!

Take responsibility for your actions, testify so that this menace to the medical field will be disciplined appropriately. (taking your story at face value)

Otherwise, why in the hell should you get paid for being a drug addict?
Your punishment was/is the addiction and recovery.
His punishment will be censure/loss of license.
Case closed....

I like how you think. I feel that there are way too many "sue happy" people out there.

People need to start taking responsibility for their actions instead of trying to blame everyone else for their broken fingernail and MOVE ON. Everyone is out for a quick fix and quick cash.

Like that lady on here last week, wanted to sue her son's babysitter for feeding him PB and he had an allergic reaction....... SHE didn't even know he had the peanut allergy. Yeah, whatever.

 

[rmet4nzkx]

Lisa,
You do have an excellent case because it goes beyond mere issues of addiction but his related lack of record keeping, insurance fraud, boundary violations and his fiduciary duty. I understand your reference to "(he had other intentions" for me."

No one can tell you what the case will being beyond recovery of your other damages. You will be going up against the attornys on retainer for his malpractice insurance company. It is in you best interest to find an attorney competent and experienced in this sort of malpractice lawsuit and one with a good track record of settling out of court. The reason being that a 2 million dollar policy may not cover the costs of fighting a case if it actually goes to trial and if a large settlement is awarded, it will be appealed.

The reason for filing the lawsuit ASAP is that if there is an out of court settlement, they will require you to sign a confidentiality agreement insofar as the settlement amount and will also ask that you not testify or make complaints to an administrative board, the latter of which is against public policy, in order to keep your testimony supressed and to keep others from filing suit. The insurance company will still be responsible for all damages prior to cancellation of his policy, but may tend to pay more to the first lawsuit.

While your family law attorney may recognize the merits of your case, you really need an attorney competent to fight it. Please ask for a referal to a PI or med-mal attorney. The AG atty you spoke with may not be able to give you a referal but might be able to point you to come "case law" where you can then research the plaintiff's attorney's Referal of this type are often done by word of mouth not full page ads in the phone book because they are selective in the cases they take and don't need to advertize.

You may want to go to the county law library and ask for help in researching your case, American Jurisprudence Proof of Facts, 3d is one of many resources there to educate you in the merits of your case and will also educate you in what to ask any attorney you consult as you search for an attorney https://attorneypages.com

Good luck and keep strong. Be honest with your daughter about what happened.

 

[barry1817]

doctor

His malpractice insurance coverage should not be a concern, and the reality is that his malpractice will propably be of no assistance should a criminal case be filed.

As to suing him, for what??

Barry1817@aol.com

 

[NayeBomb]

Lisa,
I totally understand your position. I took my doctor to court for the same thing. Not quite to that extent. He gave me 3,800 Percocets in an 8 month period without running tests or even seeing me half the time, he never got past records or wrote down what he gave me. (There is much more but no need for detail)

You MUST get an attorney that specializes in Med Mal. It’s kind of like going to a Cardiologist for Orthopedic problems. Many will not take cases like this they are very expensive and very hard to prove. The social stigma’s attached to addiction are very hard to overcome.

From the responses you received that’s the view that jury’s take. I’m not sure if I would sue again, probably not. Yes, I got to confront the doctor but I also had to stay in that place. I had to explain my way of thinking I had when I was abusing drugs and to be quite honest I was stupid. I was sooo wrapped in my addiction that no one in their right mind would have made the same choices I did. I kept going back; he didn’t pour them down my throat. My expert witness said there was shared blame, that’s exactly what it was. I had to be accountable for MY actions. My actions were that of an untrustworthy drug addict… I called him for refills; I made up excuses to get more and I took more than what was prescribed. In hindsight, I did have as much if not more blame in my situation.

My case went on for 7 years. In the first trial we had a Directed Verdict, they claimed it was like going to a baseball game and getting hit in the head with a baseball (Assumed Risk), we appealed to a higher court and they found unanimously in our favor, a week before the second trial we mediated and settled with prejudice. The doctor finally apologized through his attorney. I didn’t get a ton of money and honestly I didn’t want that. No amount of money could buy my self-respect, integrity, time and trustworthiness back. What was more important to me was to count my blessings and move FORWARD with my life. The case wasn’t worth reliving the worst time in my life over and over again. If I were you and if you really don’t want this to happen again, cooperate with law enforcement and maybe even call the DEA and medical board.

Good-luck to you, I’m sorry you became so ill due to your drug abuse. Work on getting well physically and mentally. I look back and cannot believe that I used to take 50-60 Percocets a day. My drugs were my identity and best friend. I was an addict in every sense of the word; I violated every moral boundary I set for myself. Forgive yourself, work on whatever issues you felt you couldn’t deal with when you were sober and realize you create your own destiny.

Your doctor did violate the "Standards of Care". Do what you feel is right. I don't mean to sound negative but it went on way too long. The attorney for the doctor made me feel worthless and that I was a liar. Be prepared. I though everyone was honest in a court of law...my doctor lied about me and used my own honesty against me.

 

[ellencee]

A couple of years ago, there was a similar case in a nearby city. Not once was standard of care or breach of standard of care brought into play. The only actions were criminal charges against the physician, his practice, and several of the patients who willingly used this physician to gain pain medication to support their addictions.

Oh, one young woman attempted to sue for malpractice; she gets out of prison in a few years--something about her illegal procurement of prescription drugs...

EC

 

[rmet4nzkx]

This case is different in that Lisa had been seeing this doctor for 20 years, so she was not shopping around to feed her addiction, she became addicted because the doctor failed to keep records of the scripts, plus hiring Lisa to be the office manager was a big no no. Actually the DUI probably saved her life because it got her into rehab before her liver gave out.

 

[LittleLisa]

Who are you to judge me?

Sue for what???

You freely admitted here that you were addicted.
YOU called, asked for the drugs.
YOU went and got the drugs.
YOU took the drugs.
YOU took a job to be closer to your "supplier".
YOU got a DUI/Drug charge.
YOU know he has a 2 million policy.
YOU want money.
YOU disgust me!

Take responsibility for your actions, testify so that this menace to the medical field will be disciplined appropriately. (taking your story at face value)

Otherwise, why in the hell should you get paid for being a drug addict?
Your punishment was/is the addiction and recovery.
His punishment will be censure/loss of license.
Case closed....

Obviously Im dealt with another "know it all", first of all you obviously know nothing about addiction, yes i can admit i was an addict, and yes i did call for some meds, but he also called me (quite frequently to see if I needed any more), i DID pick up scripts (only the ones that he could not call in to phamacy), and when i would get there he would bascially sit there w/his script pad and said i'll give you this, and that,,oh and how many do you want? is 100 enough. Or he would say "Hey i will put them in the mail for you". I did NOT take the job to be closer to be closer to him to get the drugs, you are not reading the whole picture here, your just passing judgement on me. so whatever, you DONT know everything, and let me just tell you this: ive been advised by the AG's office, Fraud investigator, and one other division of my State to SUE him. my attorney even before seeing everything down on paper, was astonished, so like i said I had no intentions to sue him, just wanted to see him shut down, but the more people (and Im pretty sure the State would not tell me to sue someone if they did not think I should), he did put me through hell, he was the one who turned me into an addict, so just to piss you off even more...Ive also been advised that I could possibly get 1/2 - 1 million because of the EVIDENCE.....ive been through the judegements on here, the finger pointing, the name calling, but most of these people have actually made me realize other things about my addiction and whom I thank now, becuase certain members have made me see things differently. So do a little more reading about peoples problems instead of just picking out their negatives...unless your a doctor who practices legally and who also has not killed a woman under the same circumstances, keep your judements to yourself and dont bother me with the name calling, cuz its the people like you on here that make me sick!!

 

[LittleLisa]

Thanks to those of you that actually have knowledge

Rx- thanks for your adivce, she is a medmal lawyer, she has advised what we can do here, but shes very anxious to get moving with this. She said we should start things moving now, because once this becomes public, who knows who's going to come into the picture. She has been in touch with all the State people that will also be invloved, and that i have agreed to testify for both parties. but everyone has "painted" this picture of how this is going to go down, this will not be something kept quiet, it will receive national publicity, i dont know if you ever heard of the Tom Capano case, it was one of the biggest cases DE has ever seen, and ive been told by the state, certain things you may have seen, will also aply to this,,wow...im not sure of anything right now, except the fact that im scared to death, my medmal said i can sign waivers against the media, be escorted out back doors?? uggh..but he needs to go down, (State Licensing board came out again yesterday, and when they were getting ready to leave after being here for 2 hours and 2 cofee pots later, the last thing they said to me, is GO AFTER HIM NOW, dont wait much longer. im heading down to our beach house today..maybe change of scenery and enviornment is what i need to do some serious thinking and putmyself out of this thing at least for a couple of days, and go back to leading my drug-free life, being w/my family and perhaps make that phone call to my daughter..have a good wknd

 

[rmet4nzkx]

Lisa,
You have gotten reactions from some of the medcial professionals here because persons with addicitons to perscribed medications can be very crafty and play on the good intentions of medical professionals. You have been in denial about much of your problem and not consistantly forthright in providing the facts, which also affects your credibility, that is a fact, not a judgemment. In my first post in response to you, I brought up the possibility of administrative complaints and civil lawsuit in part, because if you are scamming us, you won't follow through because your credibility will be questioned time and time again, begining with us here and with your attorney. You are going to have to get used to such vetting. If you had not been caught with the DUI you could have been dead. Perhaps you might want to thank the officer who stopped you.

Today you provided more information such as the doctor calling you asking you if you needed more Rx and mailing them to you. Please understand you will be asked questions about these things as well, no doubt the investigator has asked some of these quesitons, again, questions, not judgement.

Obviously, if the investigators keep comming to your home they believe the case is significant, it still doesn't mean that it is a piece of cake or a sure thing even with numerous violations. I was involved in a case where it was 5 years between the time the first complaint was filed with the medical board and the doctor lost his license, there were also civil actions as well and over 130 potential causes of action, it is interesting how all these things are litigated and you can't tell at this point in time how it will all pan out.

It is good to hear that you have a medmal attorney, but still check out their record, especially their record for settling out of court. Don't count on netting as much as you were told because no one can say at this point. Your attorney will help you figure out the actual damages, figure they will be recovered and maybe something beyond that, remember your attorney will be entitled to their share and the cost even with all the evidence, will still be high and the insurance company will fight to drag it out.

Now, as you were told this will become public, while there will be things that can be done to protect your ID, it is still a matter of public record and your daughter is going to find out. Please, Please meet with her and her father and stepmother and explain what happened, so she won't find out another way. Perhaps your attorney might want to speak to them because at least your daughter might be party to your lawsuit as well. She needs to know, one way or the other.

Have a good weekend and don't get sunburned.