Should I get a lawyer? (Revised)?

Question

I'm on 100 mcq/hr fentanyl patch changed every 48 hrs. It started with every 72 hrs. I've been on this medicine for over 2 years. My doctor is a Gastroenterologist. Actually I see 3 of them. I've gotten many different opinions. They all say the same. I have genetic pancreatitis. I want to know if I should sue the doctor for putting me on this or the Sandoz company for not making the products correctly. My doctor never told me anything about this drug, and the company does not make the patch to last 72 hrs. I go threw horrible withdrawls. I even black out and hurt myself, or so I'm told. I've had to go to the hospital several times for this, even have been taken away by ambulance. My doctor started me out on tamodal, then codeine, then morphine. The morphine made my stomach upset so my doctor put me on fentanyl. This was all in about 4 months. Nobody told me I would go threw withdrawls like this. Nothing in the pamphlets about this. The doctor just said it would be a

little hard to get off. This medicine controls my life. I've even talked to the prescribing doctor about getting off fentanyl. He tried several times to ween me off by reducing the medicine. I go threw almost automatic withdrawls, so I have to go back up to 100 mcq. I asked about taking a pill, because I could take less and less over time. It would be easier for me to get off, because it wouldn't be a constant medicine flow like it is now. He doesn't want to do this. Neither will my other doctor's. I was told once I'm on this, I can never get off of it. I can't quit cold turkey, because I have withdrawls just from reducing it. Does anyone have any suggestions? How to get off this medicine? Should I talk to a lawyer? Thanks for reading and answering.

Answer 1

Damages or injuries sustained from wrong prescription drugs without proper notice as to its effect could be a valid cause to charge a doctor for negligence. Gather evidence and documents to prove your point and file the complaint in the proper forum.

Answer 2

Hi, I'm just a layperson, but have had some experience with medications and the doctors that have treated my family always up and lower the medications slowly a week at a time. For example, seems like your fentanyl should be 75 mg. for a week, then 50, then the 25, etc. and if new meds are needed those should be slowly phased in each week as well. If you don't have a physician doing that for you, I would try to look around until you can find one.

I also worked as a legal assistant, so don't claim to give legal advice, but as an attorney, the attorney I worked for wouldn't take a case unless there was provable damage he could take to court, like death, injury, or broken bones, which is considered permanent injury, or an infection, or something that can be seen in a medical report. Your withdrawal symptoms, although I'm sure are incredibly painful do seem like they would not be easy to prove in court/readily seen as evidence to show to the jury, so I think would be less likely for a lawyer to take to court. Plus I also don't think it would be a huge money settlement (no permanent injuries) which would be another reason for a lawyer to decline. If you have a friend that is a lawyer they might take it, but I think large law firms would not want to spend the time and money, as they would not see a large enough cash settlement for them (which is what they would be looking at) to make it worthwhile for them.

Edit: I checked Miss Wong's link re: lawsuits and as I suspected they advise you to seek legal advice re: death (there have been 120 at the time of that article) and injuries which they describe as: "damage to the cardiovascular system and the central nervous system". If you have provable medical injuries like this you should seek a lawyer, but it did not sound like that from what you wrote. It does sound like you should focus probably on trying to focus on finding a good doctor that can help you with getting off the fentanyl. Good luck!

Answer 3

Your first step should be to resolve your medical problem. You may be having a unique reaction --would need to research the drug-ask a pharmacist for the package insert.

You say you have different opinions from three Doctors and they are all the same? Sounds like the problem may be the disease not the medication but I know nothing about either.
So your focus should be on regaining your health-a lawyer will be no help for that.

Answer 4

You should see an attorney that specializes in medical malpractice cases. In a malpractice lawsuit, you would need another doctor to testify that the treatment you received fell below the standard of care (i.e. that you received negligent treatment).

While some have opined that you may have a claim, it is equally possible that you suffered an unfortunate reaction that was not the fault of your doctor. Doctors do have some duty to disclose the risks of treatment, but not ALL risks of treatment. Some side effects are so remote or uncommon that they do not need to be disclosed to the patient.

Answer 5

Just do the letter your self, you don't want an lawyer. Get any individual to evidence learn it for you too. Then move to a different the town and mail it out...additionally do not positioned a go back deal with that's the motive of going to a different the town in order that they cannot recognize in which you mailed it.

Answer 6

It appears there are some lawsuits out there right now concerning this drug. Here's a link to some info about legal issues with fentanyl:

http://www.quizlaw.com/personal_injury_law/what_is_duragesic.php?gclid=CKq-lMPIkYsCFRpcSgodNHhlRQ

Here's a link to a rapid detox program:

http://www.opiates.com/?gclid=CJ7Z_vLIkYsCFRU2Sgod1D2eRw

The side effects of the drug sound daunting to say the least! I can't believe they ever approved this drug!

You might want to consider a different direction for managing it Here's a link:

http://www.alternativemedicine.com/common/adam/DisplayMonograph.asp?name=ConsConditions_Pancreatitiscc&storeID=02AD61F001A74B5887D3BD11F6C28169

I don't know how well it would work but it seems worth a try.
Good luck with it! It sounds terrible to deal with.

Answer 7

Definitely. If anything for piece of mind. You may have decided not to take these drugs if you had of known the side effects, right? So someone else to to blame....not you. I think you have a right to compensation.

Answer 8

I think Sandoz is out of business.
I feel bad for you and your troubles, but you have to do your best to stay positive, after you beat this then talk about getting a lawyer.

Answer 9

Yes, you should consult with an attorney.

From the facts you've stated, you might have a valid claim for malpractice against your doctor. You probably don't have a valid claim against the drug company, but such laws vary by state.

Answer 10

I would at least talk to a lawyer about the situation and see what he thinks you should do. That's what I would do. Good Luck!!