When physicians get sued, patients pay
http://www.desmoinesregister.com/story/opinion/columnists/2014/06/06/chronic-pain-lawsuits/10048759/
From the article:
Recently, a pain physician in Des Moines was accused of involuntary manslaughter and nine counts of criminal wrongdoing. The physician, Daniel Baldi, D.O., thankfully was cleared of any wrongdoing by the judge and jury. Far from proving the prosecution’s assertion that reckless prescribing led inevitably to the deaths, testimony revealed that the decedents died from a variety of causes, including deteriorating medical conditions, the use of medications not prescribed by Baldi and the abuse of illicit substances.
Tragically, Dr. Baldi is professionally scarred and financially ruined, and the legal system offers no recourse for this gross prosecutorial overreach.
The scientific literature tells us patients with chronic pain are at two to three times more likely to take their own lives.
This is the way that the DEA and our judicial system seems to work.. A pt dies… that is prescribed a opiate.. and regardless of their other medical issues.. it was the fault of the opiate for the death.. Then they raid the prescriber’s office.. confiscate all the doc’s assets… because they can – and do – designate all the assets as “ill gotten gain” from a illegal drug sales.. By the time that the doc is found INNOCENT.. the DEA has liquidated all of the seized assets and put the proceeds into their operating budget coffers…
I know it is hard for a someone without chronic pain to put themselves in the shoes of a chronic pain pt.. Some prescribers believe that a pain pts “normal” should be a pain level of 6-8.. and today.. this pt never knows when a prescriber or PharmDeity is going to decide that the pt no longer needs or warrants any opiate or other therapy..
So these pts.. besides having to deal with a dramatic high level of pain.. they are probably trying to live on a SS/Medicare disability checks .. usually < $1000/month. That is less than minimum wage and they may have to pay $100 for Medicare part B, plus they may have to pay another $40 for Part D. They are experiencing anxiety from not knowing if they next visit to the prescriber or pharmacy will result in their therapy being terminated… The are most likely suffering from depression.. from not being able to work… the stress of trying to live on a subsistence income.. There is a very high rate of divorce among chronic pain pts.
So you already have a person in high level of pain.. anxious and depressed… financially stressed out…sound like a someone that could – at any time – to take themselves out…
A person can have suicidal thoughts and never act.. but the act of suicide can often be impulsive.. So.. again.. if you were in their shoes.. would you take the risk of inflicting more pain on yourself… committing suicide by slitting your wrist, shooting yourself, jump off a bridge/bldg, crash your car… could survive your attempt and just end up inflicting more pain on yourself…. or do you take all your sedating drugs.. to just hope that you drift off ??
So here you have another “death by drug overdose”.. it is ILLEGAL to commit suicide.. and if your death by drug is “accidental “… it means that the bureaucracy doesn’t have to spend the time and money to investigate your death and a “accidental drug over dose” .. gives the DEA another PLUS to go to Congress to get more money.. to fight the war on drugs.
Filed under: General Problems
It is “illegal” to commit suicide- is it illegal to do a DNR or slow code or not hydrate or withdraw food? No. The means of taking ones life is the issue. Accidentally or purposely? Driven to suicide by a system that is so litigious is the problem. Cancer in the end stages is particularly terrible in the end that NO drug will mitigate the pain. In some states, Ore., Wash., Montana one may upon the signature of 2 Dr’s, get a legal Rx for enough seconal to take to end the inhumane suffering of tortuous prolonged pain. Even a animal can be put down. But humans?
My sister was one who due to her chronic pain was bedridden and her quality of life poor. She had good insurance and a legitimate pain for the doctor to prescribe the oxycodone and methadone for breakthrough pain. Suffering intensely, she chose by design or unintentionally to ingest enough to either ammalirate her pain or just end her life with dignity and quickly. I believe it should be the persons right to make that decision and not go through prolonged suffering. No one sued or made a big battle. It was her time and her ultimate decision.
As a chronic pain patient, I must say this fear of losing the care I depend on is constant because of stupid stuff like this. I do live with a level of pain – usually at a 4-5, and I do take my meds responsibly, and I am very thankful I have no issues with depression. But, I know plenty of people who do suffer depression and many times it’s due to not being able to get any relief. I can honestly say I don’t know what I would do if I didn’t have the medication, because the pain without it is…well…it’s nearly unbearable.
As a chronic pain patient, I must say this fear of losing the care I depend on is constant because of stupid stuff like this. I do live with a level of pain – usually at a 4-5, and I do take my meds responsibly, and I am very thankful I have no issues with depression. But, I know plenty of people who do suffer depression and many times it’s due to not being able to get any relief. I can honestly say I don’t know what I would do if I didn’t have the medication, because the pain without it is…well…it’s nearly unbearable.
Some prescribers believe that a pain pts “normal” should be a pain level of 6-8.. “? Seriously? I wish them to have to work with that level and ‘act normal’ and perform their ADLs on a daily basis. I have chronic kidney stones and migraines and after years of various doctors and treatments I finally found 2 that have help put them in control, but flare ups measure at a 6 or more and render me non functional yet I have been forced to work under those pain levels because I cannot get ‘sick time’ so yes I have to take my rescue meds and hope for the best. I have a best friend with MS and Osteoporosis and on Nucynta, She finally ended up using mail order she got tired of the hassle of getting her meds. IMHO the govt brought this on itself when JACHO made pain the ‘fifth vital sign’ and said that all pain needed to be treated. Doctors were following the guidelines and now the government has decided since the war on illegal drugs was a waste of time they’re now going declaring war on legally prescribed drugs and the 99% of the patients and doctors who are legal are the collateral damage.. This is truly sad.
First I must say thank you for your links for reporting. I would not have known other wise that Gov. Jackson has inacted a 17 point law to fight prescription drug USE. This is in what use to be the good state of Tennessee. You are so correct … that I am a disabled chronic pain patient that has thought of suicide until I found a wonderful doctor. Unfortunately he was forced to cut and change his practice leaving me searching. I did find a doctor that is giving me 2/3 of the morphine that I was on. I have changed to a D.N.R.status. I pray that pain suffering and discrimination will stop for all. Thanks for your help and education. Prayers does not seem to be the answer.
This criminal wrongdoing of doctors that treat chronic pain has reached epic proportions. When a person dies and pill bottles are found with a doctors name on them and the medication is a controlled substance the first thing that will happen is that doctor will be accused of and charged with involuntary manslaughter, even though there is no real evidence of wrong doing. That’s just the way our justice system works , and nothing will ever change. Now doctors that treat chronic pain are backing down from prescribing to the people who need these type medications the most. I know of many chronic pain sufferers that tried everything to no avail and their last option to live a somewhat normal life was to be titrated upward on a time released pain medication. Chronic pain sufferers will find their level of pain relief and their chronic pain can be controlled so they don’t have to suffer day after day as they get older. A responsible pain sufferer will do what’s necessary to keep their medications in a safe place and not abuse their medication in fear of having to go back to a life of suffering again. After many years of suffering in non stop chronic pain and a person starts to age their body starts to deteriorate faster than a normal person, so its only common sense and sound practical judgment derived from experience living a life with non stop chronic pain that one would die sooner than a healthier person.
Amen. We need to hide the bottles first.