WhiteCoat

Suing Doctors For Patient Addictions

Nevada Senator Tick Segerblom proposes bill that would allow patients addicted to prescription drugs to sue doctors for prescribing the addictive medications and manufacturers for creating the medications.

Patients can already sue doctors for prescribing medications if they can prove that writing the prescriptions violated the standard of care and that they have suffered damages as a result. But Tick wants to take the concept a step further. If the patient sues a doctor and wins, the patient should receive payment for rehabilitation, possible punitive damages, and attorney’s fees.

It doesn’t matter that “addiction” can be either physical or psychologic and that there is no reliable way to determine when addiction occurs. Tick’s bill doesn’t define addiction. It also doesn’t matter that people can get addicted to pretty much anything … alcohol, illegal drugs, porn, gambling, even collecting Cabbage Patch Kids. Tick’s bill only cares about those evil doctors. Beware internet service providers, you could be next on the list if your subscribers get addicted to the internet.

But Tick has good reasons for proposing his bill. Since people lived without drugs before, Pharmacologist Tick doesn’t believe that drugs are the only way to treat pain now. That’s true. Patients in cancer pain could always try incantations and faith healing instead of popping pills. Or patients in pain could bust out some whiskey and a bunch of bullets to bite on … after they take anger management classes so they can purchase the bullets. Oops. That’s Florida. Sorry. Wrong state. Double oops. Alcohol could be addictive. Bad example.
Besides, since children are allegedly taught from an early age to do whatever the doctor says, Neuropsychologist Tick says no one has the free choice whether or not to take addictive pain medicines.

It’s not so much that, at least according to his Twitter feed, Tick seems just all … well … tickled … about seeing his proposal published in newspapers. The scary thing is that people like Tick Segerblom are elected to public office and may be able to regulate our lives.

More comments at Overlawyered.com

15 Responses to “Suing Doctors For Patient Addictions”

  1. Ron Miller says:

    The losers in all of this would be people in real pain who can’t get pain relief because doctors want to protect themselves.

    But I wonder if this is actually gaining any currency or is this just some random state legislature who introduced something stupid. Because the blogosphere will overreact to pretty much everything.

    • WhiteCoat says:

      You’re right that patients would be the real losers if such a law was passed.

      Personally, I think that Tick’s sentiments are part of a growing pattern – legislators think that every time something bad happens, there has to be a regulation to fix it. That mentality is killing this country.

      If the blogosphere didn’t call attention to such asinine proposals, then people would be a lot more comfortable making them. If I’m overreacting because I draw attention to things like this, so be it.

      Would you act differently if a legislator in your state passed a bill requiring all attorneys to post a $500,000 bond for every lawsuit they filed so that defendants would have compensation if the claims were later determined to be frivolous?

      • Ron Miller says:

        I certainly get your point. I just don’t like the idea that these people can gain attention just for making insane proposals.

      • Matt says:

        While I certainly agree with WC as to this legislation, I think there’s a wee bit of hypocrisy here. Doctors are always quick to call for new legislation and regulation when they think it benefits THEM. And if someone did propose a $500K bond for attorneys he and his friends at Overlawyered would be celebrating it.

      • Clara says:

        “Personally, I think that Tick’s sentiments are part of a growing pattern – legislators think that every time something bad happens, there has to be a regulation to fix it.”

        The way this goes is:

        (1) A Bad Thing happens
        (2) Outrage ensues
        (3) Cries of, “The Government Should DO SOMETHING!”
        (4) Politician: “Okay, HERE’s Something!”
        (5) “YAAAAAAAAY!”

        ::rinse & repeat::

  2. Student Paramed says:

    So…. Can doctors sue Tick for being a f@#kwit?

  3. Dan says:

    These arrogant halfwits don’t understand the law of unintended consequences. I’m neither a doctor nor a weak thinker of a state senator, but I’m pretty sure the end result of this law would be a massive undertreatment of pain. Wouldn’t that, well, kinda hurt?

  4. hashmd says:

    If that law passed in my state, then that would prompt immediate cessation of all narcotic prescribing, all benzodiazepine (Valium, etc.) prescribing on my part. So all my chronic pain patients will go to the E.D seizing and the chronic insomniacs will lose their meds (they are benzo’s, folks!)
    That will mean every fracture, no matter how severe, all burns, will go untreated.
    I will hand out this legislator’s name for the patients to complain toward.

    • Ron Miller says:

      Hashmd, I disagree. You would let your patients suffer just to avoid the possibility of a very small malpractice case that would very likely never be brought and for which you have malpractice insurance?

      I don’t think you would. I think you would care more about the patient than your own interests. If I’m wrong, please don’t treat any patients in Maryland.

      More chilling then the possibility of this be true is how blaze you would be able this decision.

      In my mind, this comment is as insane as this legislation.

      • FL ER MD says:

        Ron,
        Have you ever been sued?
        Even the cases that you consider “very small” require hours of time and effort to get dismissed. Not to mention the extra stress that it brings to an already stressful profession.
        A physician would be insane to risk his hard earned career by continuing to prescribe controlled substances to all the pts who cross his threshold. Physicians already place their pts’ health above their self interests. What profession do you know of that you are regularly expected to miss holidays and special occasions? Work long shifts overnight? Law, business, engineering? I think it’s reasonable to say that a pts’ wellbeing should not supersede my ability to lead a somewhat normal life and provide for my family (who did not take the Hippocratic Oath).
        In addition, the purpose of malpractice insurance is not to pay off every very small case. What would happen to your car insurance premiums if you were involved in multiple “very small” car accidents?

  5. DJ says:

    This may get me attacked but Im gonna give it a shot. Please remember that Im here for opinions. here goes –
    I am a cancer patient at a very large cancer center in FL – I have been treated in their palliative pain department for over 3 years due to pain caused from nerve damage in surgeries/lymphedema/ and a chronic pain condition of the lower extremities. I argued with my dr. about the constant increase in my pain meds – i did not want them to increase, but was told that was the only way to manage the pain I was in. After a few months, I relented. 3 years later, Im labeled a “stable” patient and released from the cancer center to find a community dr. I was told that since my cancer was now in remission and my pain under control, they needed to tend to more needy patients. OK. I could not find any “legal” doctor to see me for pain management. The ones i found were either asking for lots of $$$ up front (no thank you) or only helping patients with injections or spinal surgeries. I finally found a DR. who agreed to help me – ween off the pain meds only – because he did not want me to be forced to go cold turkey off the dosages i was on. Fine by me.
    Now that I am in the middle of this crazy tapering down and experiencing terrible withdrawals, its not ok. I dont want more pills. I want the person who I FEEL pushed me to this point to be forced to answer for this situation.
    My current DR. believes my pain is all neuropathic and does not – not did it ever- warrant the level of pain pills i was on.
    So heres where everyone gets mad at me….. Yes, Im saying this is 90% my original DR.’s fault. Im on disability and not able to see ANY dr. i want – I tried to reason with her to NOT increase the dosage. Did i end up taking the patch and pills prescribed? YES. But i was also told by the prescribing DR. that addiction would NOT be an issue. Tolerance, yes.. but specifically NOT ADDICTION. Its in her clinic notes, and I have copies of all of them.
    SO, do I have a right to sue? I dont know. But I want to. I also dont want to ruin a career – because I do know that this DR. is helping other cancer patients. I also cant help but wonder how many more are out there feeling like me.
    Im hoping that some of you other DR.’s will give me your own thoughts and feelings about this in a non-argumentative way.
    Thanks for the time.

    • Jemma says:

      If you sue your doctor and the “very large cancer center” for having prescribed you opioids for cancer pain, you may well make it that much tougher for any other cancer patient to get adequate pain relief.

      Suck it up, continue tapering down until you’re off the things, and thank god that that evil “very large cancer center” not only relieved your cancer pain when you had it but was able to cure you to the point of remission.

      You should be making the most of your second chance at life, instead you’re moaning and whining and living on welfare looking for even more “free money”, this time from those who cured you and relieved your pain. Goodness, in your situation I’d just be eager to taper off all meds as quickly as possible and GET ON WITH MY LIFE.

      P.S. Opioid tolerance and dependence are normal and expected physiological responses to continuous opioid therapy. Fixing a patient’s physical dependence on a opioid once there is no more need of it for pain relief is a simple matter of tapering down. Thousands of people who were lucky enough to survive cancer or other trauma do it every year, no dramas.

      Addiction is a dysfunctional psychological and behavioral syndrome. An addict would be taking opioids just to get high, not to relieve severe cancer pain. Most cancer patients who take opioids to relieve pain do not become addicts. They become physically dependent, yes, but they don’t turn into addicts.

      But really, don’t screw things up for all the other cancer patients out there just because for whatever reason, you don’t like coming off drugs you no longer clinically need.

      • DJ says:

        Wow. Judgemental much?
        I happen to agree with your statement about there being a possibility for future cancer patients not getting the treatment they need if I was to take further action. But I wonder what exactly makes you assume that I am “living on welfare looking for even more “free money””? Ever consider that my cancer diagnosis wasn’t the only reason I am on disability? And really?? Did you read the post where I said I’m okay with coming off the meds? Its difficult, yes. But i have a choice every day to simply call up any unscrupulous doctor and get a prescription any time I want. I don’t do that. I’m sticking with the doctor who is weening me, because I believe it needs to be done. All you seem to have read was that I want more medicine, when I don’t.
        You have no idea what Im grateful for – and I’m not going to address that since that not what this topic was about.
        But you did make a very good point about how one persons actions could affect others who need the same type of care and treatment that I received. Too bad the rest of your response was an attack rather than more good ideas for me to ponder like that.

    • Jason says:

      I became physically dependent because of having 4 surgeries in 2 years. 3 knee surgeries and 1 for appendix. My appendix wasn’t the usual way where it’s extreme pain for a day or two and taken, mine as slowly getting larger and painful for a month and a half before it was taken out. I was taking the medication for pain and even with tapering, it wasn’t working because I was so dependent for pain. I kept taking them to not deal with the withdrawal. I think pain medications are needed, but there aren’t enough safeguards. How come a doctor needs to prescribe 90 or 120 pills at a time. Some doctors are very conscience of pain medications and their effects, but we do need more safeguards. I never got high or hardly drank for that matter before my surgeries, but most people take them to not deal with the withdrawals. My point is there needs to be more safeguards in place.

  6. gayle says:

    Lest we forget about the wives and families who have to sit back and watch their loved one disintegrate into nothing right in front of their eyes and not be able to do a thing about it. Maybe the doctor could just stop calling it in for a year after having seen that patient only one time in that year. Oh did I mention it was 120 pain killers a month with valium on top of that.

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