can i be forced to give up doctor/patient confidentiality by the doctor?

i have been taking vicodin for years as part of my back treatment. my doctor has told me that to continue this treatment i have to sign a "long term controlled substance agreement" which in part says "if the responible legal authorities have questions concerning my treatment, as might occur for example if i were selling my medication, i wave all confidentiality and these authorities may be given full access to my medical records regarding the use of controlled substance".
1. can i be forced to give up my doctor/patient confidentaility?
2. does this open the door to access all my medical history?
3. can i be refused treatment if i don't sign this? - Is this your question? Add additional information
Answer this question Add to list

Answers (1)

Michael James Pratum

Michael James Pratum

Contributor Level 4
You cannot be "forced" to give up the doctor-patient confidentiality privlege. However, if your doctor were brought into a legal or administrative proceeding, it is possible that information about your treatment with this doctor could be requested. The doctor is probably concerned because of the length of time, quantity or both, of opiate medication you have been taking, and his becoming liable for misprescribing it. The doctor cannot verify you are not selling it, so this sounds like a precautionary measure.

The bigger question to me would be: what will you do if legal authorities contact you about your use of vicodin? Even if you have done nothing wrong, I suggest that you contact a criminal attorney before you answer any questions. If you talk about your medical history with them, it is possible you will waive the confidentiality privilege.

A doctor could stop prescribing medication to you but it would have to be based on valid medical information/history about the patient. You also can choose a different doctor or at least obtain a consultation with a pain management specialist about other options you may have for for managing your back pain. Have you considered going to a pain management clinic or seeing someone who specialises in pain management? Do you really want to keep taking opiates if you have other non narcotic options for managing your pain? There are a lot of possible options out there for back pain management that do not require use of narcotic drugs. I strongly suggest that you explore these options with either this doctor or with another back specialist or pain management doctor.
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.