Doctor let patient run out of morphine, legal rights?

Question

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 gets her prescriptions through the mail and they take at least a week to get here.
She asked the doctor to fill a prescription at the pharmacy for a week's supply morphine sulfate (which is much cheaper than Kadian) , just until her Kadian arrived in the mail.
The doctor refused to fill the prescription, even though she was going to run out of medication.
As you know, Morphine is a narcotic, and people who abruptly stop taking it have severe withdrawal symptoms.
My question is, is there anything she can do to get the doctor to fill a prescription until her Kadian arrives?
What are her legal rights as a chronic pain patient and morphine user?

Answer 1

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.

Answer 2

No- you cannot force a doctor to fill a prescription. Period.
If the doctor refused- he/she may have had a good reason for it. Doctors have to be strict with narcotics because of regulations and because of patient safety.

She really needs to sit down with her doctor face to face and work out a plan so this does not happen. She make sure she makes regularly scheduled appointments with her doctor (make the appt 2-3 weeks before she will run out of meds). She should agree with her doctor upon the amount of tablets she should get every month (or 90 days) and also what to do in case she has a flare up on her regular dose. She should not wait till the last minute to get another prescription written especially when she is using mail order. She should always have all her prescriptions filled at the same pharmacy (she has mail order so this is not an issue for her). Doctors just need to have a good way of keeping track of how much narcotics you are using and why because they need to make sure you are safe.

Sorry to be so harsh- but it will be better for your friend's health and stress level and also better for her doctor.

Better communication + responsible patient + responsible doctor= success.

Answer 3

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.
I do know legally Dr are not suppose to refill the narcotic until a day or tow before they run out. The pharmacy also will not fill the narcotic until the day, unless the Dr writes that it is ok to fill early. I know that there are rules that are very strict for formula 1 drugs. Dr's don't always buy into the fibromyalgia
because they can't see it and fix it there is no blood work to say yes this is what you have. i have it too plus other things like Lupus and RSD those are both very bad and can send me to the hospital in a minute.
I am sorry for the medication problems I hope things get better for you soon and fast. Best of health to you.

Answer 4

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.
What the doctor is doing is cruel. No one can force a doctor to write a prescription. She can go to the emergency room or urgent care center and have a doctor there write a prescription. Just make sure, she has evidence showing she is a pain patient and not someone seeking pills.

Answer 5

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...

Answer 6

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...
fibromyalgia is not a condition you need to be on Morphine for...hot tub, and reflexia could help you more than meds...unless you are taking these high powered drugs for more reasons than necessary...i would not refill your rx for morphine ever.. she should have never got that in the first place...