I've had at least four doctor withhold opioids from me. Two were RLS/WEd specialists. One said he'd never prescribed opioids and never would, another avoided saying anything and just gently suggested I wait 2-4 years for Neupro (rotigotine) to become available (this was in 2004), as she was sure that would solve me problems. 2-4 years augmented and with NO sleep?????
Then I was "fired" by a doctor in 2008 with NO warning, leaving me with NO prescription for the opioids and I had to fly to California to see Dr B. Recently, my old family doctor canceled my appointment with him, saying he would no longer write a script for me. My current doctor, at the time, was pushing me to have unnecessary tests done and was very unhappy writing the script, but she didn't outright say no.
When I look at this history, I'm appalled. I doubt there is much I could do about any of these now, as none of these incidents are current - the most recent was a year ago. But, I honestly don't know if I have the mental energy to do anything, if it time wasn't a factor. I want to want to. Just not sure I can.
WED/RLS Protocols
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ViewsAskew
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Re: WED/RLS Protocols
Ann - Take what you need, leave the rest
Managing Your RLS
Opinions presented by Discussion Board Moderators are personal in nature and do not, in any way, represent the opinion of the RLS Foundation, and are not medical advice.
Managing Your RLS
Opinions presented by Discussion Board Moderators are personal in nature and do not, in any way, represent the opinion of the RLS Foundation, and are not medical advice.
Re: WED/RLS Protocols
Really, Ann, when hearing your story, words fail. Here's what I'm thinking.
If you could find a good law firm willing to take the case, I don't know how much you yourself would actually have to do, outside of testifying, of course. And the law firm would make the call on which doctor or doctors would be best to sue. It might even be best for you to call a specialist now and ask to be seen. If he agrees to give you opioids, well then you have no case but at least you'll have a local doctor. If he won't, then you have a current doctor to go after. But the lawyers might think one you've already seen would work better. I just don't know.
I'm guessing that critical to your case would be to have Dr. B. willing to testify--both that you need opioids and that they are best practice for your WED. You may first think that he would never agree to testify, but I'm not so sure. It sounds like--from what I've heard on these boards--that he is incredibly sympathetic, and willing to go out of his way for his patients. Plus he must be very frustrated himself at the poor treatment so many WED patients receive. He might welcome the opportunity to bring this issue out into the open.
I know that you would consider a lawsuit to help WED patients, but you might also think about the money. It sounds like a nice chunk of money might make your life considerably easier.
I'm guessing the first thing to do would be to explore law firms that do malpractice cases, and start having some conversations with a few of them, just to see if any are interested. Maybe none would be, simply because suing a doctor because he won't prescribe opioids is certainly unusual.
Anyway, just my thoughts. What you do by helping to maintain this board is an incredible benefit to everyone, so I don't think you should feel any responsibility to do this, if you don't want to.
Mary
If you could find a good law firm willing to take the case, I don't know how much you yourself would actually have to do, outside of testifying, of course. And the law firm would make the call on which doctor or doctors would be best to sue. It might even be best for you to call a specialist now and ask to be seen. If he agrees to give you opioids, well then you have no case but at least you'll have a local doctor. If he won't, then you have a current doctor to go after. But the lawyers might think one you've already seen would work better. I just don't know.
I'm guessing that critical to your case would be to have Dr. B. willing to testify--both that you need opioids and that they are best practice for your WED. You may first think that he would never agree to testify, but I'm not so sure. It sounds like--from what I've heard on these boards--that he is incredibly sympathetic, and willing to go out of his way for his patients. Plus he must be very frustrated himself at the poor treatment so many WED patients receive. He might welcome the opportunity to bring this issue out into the open.
I know that you would consider a lawsuit to help WED patients, but you might also think about the money. It sounds like a nice chunk of money might make your life considerably easier.
I'm guessing the first thing to do would be to explore law firms that do malpractice cases, and start having some conversations with a few of them, just to see if any are interested. Maybe none would be, simply because suing a doctor because he won't prescribe opioids is certainly unusual.
Anyway, just my thoughts. What you do by helping to maintain this board is an incredible benefit to everyone, so I don't think you should feel any responsibility to do this, if you don't want to.
Mary
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ViewsAskew
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Re: WED/RLS Protocols
I do see Dr B now - it's quite a cost to fly to California! So, I'm not out the drugs. But, if I couldn't afford it (and I really can't, but I manage), I'd be in big trouble. And you are right, he is a great doctor. I don't know what he'd say about it - I know he feels that they shouldn't be withheld, but given I'm in one state and he over 2000 miles away, not sure he'd participate in a lawsuit. I have to see him soon - I'll put it on my list of things to ask him.
It's funny - I've been mad about these doctors in the past, but I was more focused on a solution, not what they did. When I wrote it all out, I was speechless that I've had to go through this. I tend to be future-oriented, not past, so I don't dwell on what happened, but this really is awful! I spend my time here to try and make sure other people don't have to go through what I did (augmentation and unwilling doctors), but maybe I owe it to myself to stand up for what seems to clearly wrong. Especially since I've had no other options and had tried everything else already.
It's funny - I've been mad about these doctors in the past, but I was more focused on a solution, not what they did. When I wrote it all out, I was speechless that I've had to go through this. I tend to be future-oriented, not past, so I don't dwell on what happened, but this really is awful! I spend my time here to try and make sure other people don't have to go through what I did (augmentation and unwilling doctors), but maybe I owe it to myself to stand up for what seems to clearly wrong. Especially since I've had no other options and had tried everything else already.
Ann - Take what you need, leave the rest
Managing Your RLS
Opinions presented by Discussion Board Moderators are personal in nature and do not, in any way, represent the opinion of the RLS Foundation, and are not medical advice.
Managing Your RLS
Opinions presented by Discussion Board Moderators are personal in nature and do not, in any way, represent the opinion of the RLS Foundation, and are not medical advice.
Re: WED/RLS Protocols
I think the way calling in specialists works (and I'm not a lawyer; keep that in mind) is that they are paid up front (expenses and a fee) for testifying. The law firm makes these payments, in hopes that they will win the lawsuit and get a good percentage of the award.
I imagine that a good malpractice firm would have a pretty good idea of what lawsuits are winnable, since they only make money if they win. It's the doctor's insurance firm who would decide whether to settle or go to court. Unless there is something I have no idea of, it's hard for me to see that insurance firm attorneys, when presented with the protocols for WED and the refusal of their doctors to follow the protocols--esp. if you have Doctor B ready to testify--would go to court. My guess is they would settle and then, as you say, the publicity would encourage other doctors to follow the protocols.
But there is no doubt all of this would cause you a good deal of stress. Plus you may not find a law firm willing to take the case. So you need to do what is best for you.
Mary
I imagine that a good malpractice firm would have a pretty good idea of what lawsuits are winnable, since they only make money if they win. It's the doctor's insurance firm who would decide whether to settle or go to court. Unless there is something I have no idea of, it's hard for me to see that insurance firm attorneys, when presented with the protocols for WED and the refusal of their doctors to follow the protocols--esp. if you have Doctor B ready to testify--would go to court. My guess is they would settle and then, as you say, the publicity would encourage other doctors to follow the protocols.
But there is no doubt all of this would cause you a good deal of stress. Plus you may not find a law firm willing to take the case. So you need to do what is best for you.
Mary