My father has COPD and a pneumonia. He was in and out of the hospital. He still feels very sick so he asked me to talk to his doctor. He needed prior authorization to get help at home. The office manager didnt like what I said, said something to the doctor and the doctor gave my father a 30 day notice. I found out that he has been giving my father 240 Oxycontin a month. He has made him to a drug addict. The doctor is not in pain management and I asked as a son that they help him get the help. Is there any malpractice here. I plan on calling the DEA on this doctor. I know here in Florida they have closed these type of doctors down. I am afraid he will die not only from his current physical condition but I know there are withdrawal symptoms that are very dangerous when dealing with opiates.
Your dad clearly needs to get re-established with a new doctor. When that happens, he can ask, very very gently: should I continue to be prescribed opiads? and in the same doseage or what?
If the second doc keeps him on this regime, that would suggest the first doc did nothing wrong. If the regime is completely changed, it might suggest malpractice...however without the ability to show injuries flowing from the malpractice that are permanent and life altering, it is likely not to be a cost effective claim to bring. Sorry about your dad's and your situation. good luck
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Not only abusing his DEA license, but you should report the doctor to the state medical board. You don't want your father on an organ transplant list, which is the path he is heading, as our bodily organs can't handle excessive amounts of oxy's.
Whether or not you have a valid medical malpractice claim will depend upon whether a medical expert familiar with your father's care is willing to provide an opinion that the treatment he received below the applicable standard of care. A physician's decision to provide a 30 notice that he will no longer treat a patient is unlikely itself malpractice. You should find a new physician without delay and address your concerns about your father's current health with the new doctor. Regarding the Oxycontin, it is unclear how exactly your father was getting that much medication from his doctor (prescription, free samples, or some other way). Overmedicating may be a valid basis for a malpractice claim depending on all the facts and circumstances. The DEA and state medical board may also assist you.
You must keep in mind that under Nevada law a medical malpractice lawsuit must be brought within 1 year from the date the alleged malpractice occurred. In some cases that period is extended when the malpractice was actually discovered later – but not always. Depending on the timing of the alleged malpractice, you should take action soon if you wish to pursue a claim.
