I wish I were
writing this blog to report good news. Unfortunately, things are no different
today than they were in 2011 when the Institute of Medicine (IOM) report “Relieving
Pain in America” was written. Instead, and even though the IOM report
spirited the drafting and publishing of the National Pain
Strategy, things have gotten much worse. Hardly a week goes by that I don’t
read about a fellow patient taking their life because the source of the physical
pain was inadequately treated and their emotional pain unbearable because of
feeling judged, many times by those they seek for help and support.
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Find helpful links for finding your senator, representative, and governor; medical organizations, and government health related websites, your states attorney general, your state’s pain care laws and more in "The Advocate's Corner" header of this blog.
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Dear concerned fellow person living with chronic pain,
It is rewarding to write books, articles and blogs to help others manage chronic pain and illness. But coping strategies alone are often not enough. Opioids allow many patients the ability to participate in things they otherwise couldn’t. I advocate for moving complimentary therapies into mainstream but these days, the bulk of my time is donated to the crisis created by limited patient access, if any, to their opioids.
Because of the volume of requests for help and the need to meet the demands for my own care, I investigated information to help you with your personal situation.
It’s important to understand what is happening. Physicians are caught in the middle. The DEA crackdown on prescribing opioids has made them fearful of because of perceived threats to their livelihood. On the other hand, if patient harm results from negligence or abandonment, the provider can be liable for that too. When a patient is fired, the physician has an ethical obligation to ensure a patient’s care is uninterrupted. However, the DEA, the CDC, the Center for Medicare and Medicaid, and or other government agencies have no liability for the results of their actions. We have the ability to hold the right people accountable by providing factual evidence. Evidence includes things, such as:
- A written letter from your physician stating his/her reasons for stopping your pain care. (If you don’t have one, demand it.)
- Chronological documentation your physician failed to provide ample notice for finding another provider.
- Following are other things to consider:
- Is your physician negligent if no one is willing to continue your care?
- Is your provider fearful to bridge the gap because of the CDC Opioid Prescribing Guidelines or other governing bodies?
- Is your provider using the changes as an excuse to abandon care?" Pain that does not abate is a reason to seek medical care, but physicians often feel helpless because treating chronic pain is complex.
- When the standard of patient care is breached (i.e. abandonment, negligence, or malpractice) and that breach causes harm, there is legal recourse. Currently, three things affect the changing standards, as I see it, (1) the influence of government agencies (2) lobbying by PROP--follow the Phoenix House money trail, and (3) the American Medical Association's decision to cut pain as the 5th vital sign from routine assessment, affecting the standard of pain care negatively.
- Why isn't acupuncture, counseling by a provider trained in pain care, therapeutic manual therapies, or other proven modalities also considered when making changes in the standard of care? Answer: insurance lobbying, another player identified in the pain care market.
- Patient outcome is seldom discussed even though it should be the driving factor of all patient care standards.
*If you are forced to sign a contract, read it. A contract is between TWO people and may be litigated if either party fails to uphold their part of the contract. The physician’s responsibilities toward your care should also be provided.
The laws to protect both the physician and patient are very gray in today’s stormy climate.
- The physician must provide evidence as to why they withdraw care. Yet, some may feel protected by the CDC guidelines. They are not. The guidelines are not LAW!
- Failure to provide information such as copies of relevant medical records, treatment notes, tests, etc. to those who are continuing your care is a breech. This does not meet patient care standards.
- Voice recordings or notes in your medical record that the DEA or other government agency created a burden on the physician’s ability to treat pain are helpful for both the physician and patient, but difficult to obtain unless a case is being litigated.
- Documentation of refused emergency care, such as treatment, hospital admission for withdrawal symptoms, suicidal ideation, or any other untoward effect is mandatory. (This is not the same as expecting an ER to continue your outpatient pain care.)
- Your loved one has committed suicide and there is documentation abandonment or untreated/undertreated pain was the cause. (many statistics are likely skewed because of the inability to collect life insurance and the stigma associated with suicide and chronic pain).
*As a patient, you also have a duty. If you are unreasonably demanding, non-compliant (i.e. abusing, diverting, or misusing opioids), or threatening to the physician or staff, you are not protected.
If you have been abandoned and have evidence of harm resulting from changes in your pain care, you have recourse thanks to required reporting in Senate Bill S.483, Ensuring Patient Access and Effective Drug Enforcement Act of 2016, signed into law April 2016. [addendum, but is now in jeopardy, 2/6/2018]
Harm constitutes:
- pain and suffering
- cost of additional treatment
- loss of earning capacity, and
- loss of the ability to enjoy life
If you have sufficient evidence, please submit it to the attorney general for your state, which you can find at NAAG | Who's My AG? If anyone is providing evidence on someone else’s behalf make that disclosure and provide contact information.
Remember, if it wasn't documented, in didn't happen. Gather your arsenal and become empowered. Record what you can, when you can. The attorney general needs concrete evidence to move forward. Make sure they know you know they are required to report your case as part of S.483. [addendum, which could now be in jeopardy]. I suggest sending a copy of your letter to your attorney to those you feel are appropriate. Be sure to mention the pain care laws for your state (link is courtesy of the Academy of Integrative Pain Management, SPPAN) or by typing “your state’s name state law on pain care” in your browser search engine and select from the results.
Because every case is different, each of us must demand our rights to be treated with dignity and respect. There is opportunity in adversity. Rome wasn’t built in a day, nor will our cries for help be solved quickly, but we must have hope. Despite what many think, those in chronic pain are tough. We overcome hurdles on a regular basis.
I recommend joining an advocacy group to help you stay abreast of recent newsworthy information and/or fight for our rights in Washington.
See The PAINS Project for links to their steering committee members for additional information.
Additional Reading:
Patient Shoots Two at Las Vegas Pain Clinic (and comments)
Neat, Plausible, and Generally Wrong: A Response to the CDC Recommendations for Chronic Opioid Use
Patient Shoots Two at Las Vegas Pain Clinic (and comments)
Neat, Plausible, and Generally Wrong: A Response to the CDC Recommendations for Chronic Opioid Use
In
healing,,Celeste
(Signature
line appended, April 2018)
Celeste Cooper, RN / Author, Freelancer, Advocate
Think adversity?-See opportunity!
~ • ~ • ~ • ~ • ~ • ~
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