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Doctor let patient run out of morphine, legal rights? |
Someone I know has Fibromyalgia and is on Kadian (morphine). She tried to make a doctor appointment for two weeks, and could not get in until 3 days before her prescription ran out. She could probably take it to court and win, depending on the state, but at the moment it would be pointless, a lot of effort for what comes out of it. I would find a new doctor or ask for a referral so that you have someone else to ask for medication. But the doctor also has the idea that she could be abusing, or someone else wants to buy the meds, sadly a lot of people do that and it screws the people who really need it. Well, she has the right to report her doctor's actions to the state medical board, but I doubt she'll get any action....a narcotic prescription has to be filled out in person by the doctor, he can not call this in....the problem, as I see it, is her using mail order prescriptions...the doctor got the Rx to her with three days left...if she can't find someone to fill it more quickly, she needs to find a new pharmacy. As a person taking Much stronger narcotics, I do not ever experience severe withdrawal symptoms...but many do. I occasionally go off just to make sure I'm not addicted. The doctor may not have been sympathetic to her needs, but he provided the Rx with three days to go....for him to give her two Rx's would put His license in jeopardy... doctors cannot indefinitely prescribe mega pain meds...patients need to be aware of the risks of addiction, ...yes, your doctor can refuse to refill a rx at anytime... at our office , we only refill meds by faxed refill requests...our doctor has to sign for refills....safest way to do refills because of people like you who abuse the system... My Dr won't give me my refill right now either even tho my the month is up 3 days ago. I called in the refill about 3-4 days before I ran out and I am still waiting for them to call me back so I can pick up the meds. I take Methadone this month and probably for a few more months. I was taking Oxycontin for some reason they took me off it. With-drawls are the worst I end up in a ball on my bed for days on end. I throw up shake and feel like I could crawl out of my skin. I have done that way to many times to count. I have chronic pain too and need my meds to life and take care of the kids and family. No- you cannot force a doctor to fill a prescription. Period. DEA does allow phone in schedule 2 prescriptions under certain conditions. If the person will suffer greatly by not having the prescription, it is allowed. The pharmacy has to then receive the written prescription in 7 days from the doctor. |
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