Pain Doctors Liable ?

[jinx]

I have several clients with severe chronic pain who would love to use MMJ to attenuate breakout pain. They are being treated by Pain Specialist MDs with Vicodin, Fentanyl, etc which they do not want to give up.Their MDs make it clear that if MJ is detected in urine or blood, they will be dropped from the practise. Is this a violation of the MMA?Are the MDs open to any lawsuit ? {I note that in the VA this medical blackmail is no longer tolerated].

Dr. jinx

[jinx]

Any thoughts regarding this "medical blackmail" ?

Dr. jinx

[+JuztBudz]

jinx, according to the MMMAct we are protected from these types of actions. I suppose it will take yet another class action type of a suit to get this enforced...

 

4. Protections for the Medical Use of Marihuana.

 

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed 2.5 ounces of usable marihuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.

 

It might be possible for us to petition the MDCH to instruct these doctors that they can no longer act in this manner concerning MM patients. But, again, we are working against 70 years of misinformation and governmental tom foolery.

 

Neither is likely to happen soon, unfortunately...

 

Peace...j.b.

 

 

[Indicat]

my father illegally used MMJ simply for this reason - his "pain management" doc made him sign a contract that would not allow him to use it. he was simply too afraid to bring it up with her. so he just used it illegally.

 

welcome to the new world order. you can be a legal junkie, but can't smoke a little pot.

[+RevThad]

This is a tough one for one other reason. Many pain doctors require a contract with various requirements and limitations on what a patient can or cannot do, including being treated for pain by other doctors or other controlled substances. Are these doctors violating the MMMAct? Possibly and probably. They are also probably confused about what is acceptable or not, and what kind of liability they are opening themselves up to by accepting the new law...

 

This one will probably need to work its way through the courts.

[StonedPlanet]

After physical therapy then back injections my family doctor sent me to the pain management of michigan clinic.

I spoke with the doctor they assigned to me about medical marijuana. He didn't give any strange looks and answered very straight forward.

He said most doctors will not sign the form because they don't have 6 figures in a bank account for lawyers. He also said that he thought I could benefit from the use of medical marijuana just as I could benefit from the use of vicodin (opiates). He then stated that he is neither for OR against it but his lawyer advises him to stay clear from the topic.

This was at my 2nd visit with that doctor BEFORE he gave me the injections that day. He then scheduled me for a third visit.

 

I have talked to my family doctor about it on several occassions and at my last visit he asked if I had registered. I told him yes and that it would take a few months before the card would get to me, then a few more months before I get a harvest.. If you take the time to talk to your doctor from a neutral stand-point they will listen to what you have to say and make their comments afterwards. My doctor understands the dangers of the opiate pain medications. He also understands that marijuana is not very acceptable in the medical profession due to it's classification as a schedule I drug.

I spoke with him about my past and upcoming visits to him and asked him if he would begin to take notes when I am able to keep a steady flow of meds.. He is looking forward to me getting off the vicodin and on to something less dangerous. He mentioned that he has a few patients in the program and I hope he publishes some of the info for the medical world to review! Without patient names of course

 

 

 

My question to you is, did your doctor say he was going to drug test you at HIS expense, your expense, or the expense of your insurance provider?

I am 99% sure that you must authorize any tests to be done!

He has no right to give you a drug test without your consent.

 

I would suggest one more talk with him about the topic. Let him know where you stand and give some information about it.

If he is so against it, he will ask you to leave. Don't lie to him about it, find a doctor that understands!

I can give u the name of mine if you want, just shoot me a PM. He is very passionate about his patients and pain management.

[jinx]

I find it interesting that, according to the MMA and some of the above interpretations, Pain Doctors who engage in "Medical Blackmail" i.e., that "if I catch you using MMJ I will terminate your Vicodin", MAY open themselves to legal action. Imagine a situation where the Pain Specialist cuts off the Vicodin because of "dirty pee" and the patient goes into severe withdrawal and kills himself. Hmmmmm.....

Dr. Jinx

[+Annnie]

That happened up north Dr Jinx..

[jinx]

That happened up north Dr Jinx..

Wow...Annnie !!!!!

I was just speculating...can you tell us more ?

Many thanks,

Dr. Jinx

[+420Atheist]

Are they paying for the test? Test me without my permission and I would sue. They can f off if they think I'm paying for a test I all ready know the answer to. Doctors are forgetting who works for who.

 

At one time I had client that was a large center that specialized in Medicaid patients. They drug tested them just about anytime they wanted pain meds not because the doctors cared about if they were on drugs but because if they discovered illegal drugs they could send the patient to their in house drug treatment and get paid for that. Once they have been though drug rehab then they would give them pain meds so they could start the process over again in a few months.

[creaks]

Any time you go for a **test** at the hospital, they make you sign a statement saying you are responsible for the bill if insurance doesn't it.

Also in that paper you sign for treatment are statements that say they can drug test you and share your information with Health Depts, with or without your permission.

 

Read one of those papers before you sign it. Make sure you have a BLACK pen and cross out any statements that don't apply to you. After you cross statements out, make sure you initialize each and every scratch you make on that paper.

 

You'll be surprised...