I was prescribed high doses of a fentanyl patch for over 9 years plus 240 percocets a month i have seen the same dr for 14 years

Asked over 1 year ago - Poughkeepsie, NY

do i have a suit against the DR for over prescribing meds and cutting me off of all pain meds due to THC in my urine also mis diagnosing me for all theses years , i also did unreversable damage to my back within the last 10 years of being on these pain meds , my last MRI was over 10 years ago , even though i have been treated for pain this hole time and does it violate any hippa laws when a secretary tells you your urine results should it come from a dr or nurse , the way i was treated with all this was awful and then for the dr to tell me its all politics and no one wants to be liable ,,this dr knew that i used marijuana , i never hid anything i am a up front and honest person , they are making me feel like a criminal

Attorney answers (5)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . A local malpractice lawyer would need to order your medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care.

  2. Marco Caviglia

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . First, the statute of limitations form med mal is 2 1/2 years in NYS, and unless the MD was treating you for the same condition continuously beyond that, that time limit applies. You need to discuss specifics with a medical malpractice attorney.

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  3. Joseph Gerard Dell

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I would want to know hat routine blood work did he give you. How is your liver function and kidney function and where thise tests given on a routine basis. Have you had imaging of your brain done during all these years on heavy duty pain meds. The HIPPA issue is not relevant. Your use of marijuana is an issue but the doctor should have tapered you off the narcotic pain meds over time. You need to see I you have irreversible damage to your organs and brain from the decade plus use of heavy doses of pain meds.

  4. Nathanael Prada

    Contributor Level 12

    2

    Lawyers agree

    Answered . Your case requires close analysis by a medical malpractice attorney. Gather up all of your medical files and visit a local lawyer for a free consultation. Be sure to ask about the statute of limitations given that the treatment was of such a long duration. Best of luck.

  5. John J. Carney

    Pro

    Contributor Level 14

    Answered . I know some good malpractice lawyers in your area, but this is a tough case to prove. You would need to show he was negligent and have other doctors testify to that. You need to consult with the best in your area to have a chance.
    John J. Carney Esq. 917 696 2363

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