Thursday, December 10, 2009 backhere asks

Q: if you sign a narcotic contract with your doctor can he cancel without weaning or a 30 day warning?

if a patient had a narcotic contract with their doctor and the doctor feels that the patient had violated the contract and the doctor has terminated the contract without warning, or without weaning the patient from the pain meds they have taken for 20 years or he has not given the patient an opportunity to find another doctor or given t least a last 30 day supply....is this legal?  doesn't this put the patient in physical jeopardy since they have been on them for so long?

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Answers (2)
12/11/09 5:14pm

I'm sure it is legal. It happened to both my brother in law and his wife. They both had drugs in their systems that shouldn't have been there. Good luck.

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12/15/09 3:27pm

Hi backhere -

 

It probably depends on the terms of the contract. What does the contract say about termination? If it says that the doctor can terminate the contract without warning if he or she feels the patient has violated it, then the doctor is within their contractual rights to do that.

 

The question then would be whether the contract itself is illegal - would it endanger patients and be considered void in a court? That is going to delend on state law wherever you are located. There is a branch of malpractice liability known as "abandonment" where a doctor may be liable for malpractice when the patient has been abandoned at a crucial point in their treatment without sufficient notice or sufficient opportunity to secure alternate treatment. You would need to consult an attorney in your juridiction to determine whether the type of termination of treatment allowed under the contract, would be considered medical abandonment. I have not doen enough research to tell you if this type of contract has been held to be void, though these narcotic contracts are common.

 

I will be doing some more research on this issue and hope to get an article up about it soon - but in the meantime, I suggest you consult an attorney. Your local or state bar association should be able to point you in the direction of attorneys who specialize in malpractice, who could perhaps do a low-cost consultation with you to help you determine your rights.

 

Good luck to you!

 

- Megan

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By backhere— Last Modified: 12/24/10, First Published: 12/10/09