Int he past ER doctors have had no issue with prescribing me narcotics when I kept complaining of pain. However when I was recently hospitalized, the hospital doctors refused to give me narcotics despite my continuous report of pain. I asked them whether they could objectively prove I was not in pain. They could only give me vague and evading answers.
When I was discharged my diagnosis summary showed: drug-seeking behavior.
1-Can a doctor even legally put that down without any objective proof? Or are they safe writing that down based on clinical suspicion alone?
2-Isn't a doctor legally obligated to prescribe narcotics if I tell him that his current pain management does not work?
As a result of being refused narcotics and being assigned this diagnosis my life has been miserable and I cannot function or work due to pain. This has caused me severe emotional distress and loss of wages.
A doctor has no legal obligation to prescribe narcotics because a patient complains of pain. To the contrary, doctors have both the right and the legal obligation to exercise their own independent judgment. Any effort by a patient to compel the prescription of controlled substances under conditions that the doctor does not approve of is a complete non-starter for a lawsuit or claim. There is also nothing illegal about noting drug-seeking behavior in a patient's medical records. I'm not sure what you mean by a lack of "objective proof" of drug seeking behavior, but clearly your actions formed the basis for the doctor noting this in your records. Right or wrong, they didn't just do it for no reason. You may wish to consider finding another doctor whose approach to your treatment is more in line with your needs. Good luck.
This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.
Quit b*tching and moaning and find a doctor who will feel you have a legitimate need for the pain medication, and are not an addict nor reselling for a profit. Nothing the ER doctor did is wrong. No, a doctor is not legally obligated to prescribe narcotics if they are not your regular doctor, and cannot verify a need for pain meds.
Dr. has an absolute right to chose how they treat patients and can interpret drug seeking behavior as they interpret same. No malpractice case here.
Overprescribing of opiates and opiods is a sensitive issue and in the news now.
1) I have no basis for your charge that the doctor lacks objective proof.
2) There are non-narcotic medications. The doctor doesn't have to rely upon impeached client statements.
You are not stuck with that one doctor. Get a 2nd opinion or another doctor.
You make no reference to what your injury is or where your pain comes from, but it sounds like you have sought prescription pain medication for the same complaints in the past, so it is not unreasonable for a doctor to be cautious, especially considering the current wave of prescription medication overdoses nationwide.
Your doctor does not have to prescribe you anything and if his diagnosis is that you exhibit drug-seeking behavior than he can legally put that in the medical records.
If you are unhappy with your treatment, you should seek another physician, but maybe the ER physician was on to something and you should get evaluated for prescription drug dependency?
This communication offers general information based on the very limited information provided, and does not constitute the giving of legal advice, nor does it establish an attorney-client relationship.
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