Visitor Question

Wrongful discharge from a pain management clinic?

Submitted By: Wes (Alabama)

I was being treated by a pain management doctor at a clinic. The office called one afternoon and told me to be in their office the next day or I would be discharged. My scheduled appointment was for one week later, and they knew I would be unable to go because of my inability to receive transportation on such short notice.

They told me my workers comp insurance company was responsible for getting me there, which they were not. I’m wondering if I can sue my pain management doctor for wrongful discharge? They falsely assumed workers comp would transport me, and I had no other way of getting there. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Wes,

Unfortunately you don’t have a credible medical wrongful discharge claim against the clinic. You will need to find another medical clinic and notify your workers compensation insurance company of the change. They may conduct an inquiry with the clinic who discharged you wrongfully to see if there was wrongdoing.

If the workers compensation insurance company determines one of the medical providers in their system is acting improperly toward patients, workers compensation may choose to delete that clinic from their list. This will come after a thorough investigation of the clinic’s practices and procedures toward its patients, especially those patients covered under the same workers compensation insurance. Unfortunately this would not immediately inure to your benefit.

You can always consult with a personal injury attorney about your claim of wrongful discharge. Bring copies of all your medical records, including the dates of the original appointment you had which was changed by the clinic. Unfortunately they may advise you similarly. Most personal injury attorneys don’t charge for initial office consultations.

Learn more here: Lawsuits for Hospital Malpractice

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,

Published:

3 thoughts on “Wrongful discharge from a pain management clinic?

  1. holly says:

    Hi! I have 2 traumatic spinal injuries. I also have several other disorders (ex. lupus and a really rare disorder called CVID that has attacked my heart and lungs) I have been in pain management for about 6 years. Unfortunately, after getting sick, I had to leave my amazing ER job. I’ve been in healthcare management as well, so I am very familiar with policies. Due to my disorders, I have many specialist and take home infusions. My primary doctor was prescribing my pain meds to eliminate having to go to another appointment. I needed to do something differently, so I was referred to a new pain management doctor. While seeing this doctor, they refused to do anything different because “my age” and I was free to go find care elsewhere. I’m sorry but age doesn’t discriminate on pain, especially on someone who is extremely sick and on home infusions. Pain contracts state that a patient can take narcotics from other doctors as long as it is not prescribed for diagnosis of why they patient is in pain management. So I’ve taken my narcotic anxiety meds, cough syrup and pain meds post a surgery. Everything has been fine until the clinic called me for a random drug test, I have no problem with taking any drug test but I was unable to make it due to having surgery a few days before. My next scheduled appointment, I was sick with a fever. Both times and several other times, I called the pain clinic and they advised me not to come to the clinic and we would reschedule. They rescheduled me for today. I received a text that said the doctor was out and we would reschedule. So I called to ask if my meds would be sent in to cover me until my next appointment. At the end of the day, the clinic called. They stated that they will no longer see me as I have taken narcotics from other doctors. That is true, for surgery and my lung issues. They also stated that I did not show for my drug test or my appointment. I explained that I called and talked with the staff on multiple occasions. The clinic claims that none of those calls are documented. Thankfully, I have all of this documented and even recorded the calls. According to the clinic, it doesn’t matter that I am under the care of many doctors who do prescribe narcotics for other disorders and that my doctors could have written a different medication instead. No doctor should be telling a patient or even another specialist to go against the best plan of care for their patient. Now I am discharged from the clinic with “good luck, we can not help, go find some Advil” and no pain meds that I have been on for years. I am worried about the affects from abruptly detoxing. What are my rights regarding this issue? Where is the accountability for the clinic since they failed to document any of our telephone conversations? Thanks!

  2. Shameka says:

    Hi. I was being seen at a pain management clinic. I was recently discharged due to a urine test being dirty. I was told that you get two chances in the year to fail the drug test.

    This was only my first failed test but I got discharged anyway, after I complied with everything else they told me I had to do. What can I do about this?

  3. Shirley says:

    I was wrongfully discharged from my pain management doctor. They said it was for my narcotic meds, because the medication wasn’t showing in my urine test. They left me without my scripts or further treatment.

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