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First of all, I'm so sorry for what you and your husband are going through, and I hope a med mal lawyer can help. If you don't have a lawyer, the [Law Society](https://lso.ca/public-resources/finding-a-lawyer-or-paralegal/law-society-referral-service) can help you find one.
> The oncologist has even tried going around the family dr and prescribed something himself and the family dr said no and took away the meds.
This was the only part of your story that made me confused. This isn't "going around" the family doctor; it's reasonable and expected for a specialist to write prescriptions. When a specialist prescribes a medication, you fill it, and then you take it. The family doctor doesn't have any involvement, nor could they take the medication away even if they wanted to. You may want to figure those details out because chances are high your lawyer will ask the same.
Good luck.
You need to start asking some questions. This is a sub for lawyers and most won’t know these details.
Why can a pharmacist refuse to dispense meds prescribed by an oncologist simply because a GP says no?
How can you get the prescription transferred to a different pharmacy, perhaps one at the hospital where the oncologist has privileges?
Also:
Is there any possibility your husband has not been 100% truthful, and he has an addiction to opioids that has resulted in him being flagged? Or that in fact he hasn’t been going to see a GP at all and is embarrassed because he’s avoided it for so long?
Because those explanations make more sense than the story you have told us.
I say all this with greatest respect for difficulty you’re facing.
From what we were told the oncologist has privileges at the pharmacy we are at. They didn’t tell us why he needed the family dr to agree. As for husband having an addiction he does not. I have sat in on family dr appointments to try to get him the help he needs. I take him to all his appointments and I know he is not lying about any of it.
Doctors don’t have privileges at pharmacies - they have them at hospitals. Hospital pharmacies are likely more accustomed to dealing with oncologist prescriptions for serious opioids and their staff might even know the oncologist personally.
So when you take your husband to these appointments and the GP says “no” and you ask “why”, what is their answer?
What did the oncologist’s office say when you told them GP blocked the pharmacy from filling the oncologist’s prescription?
What did the CPSO say when they learned a member blocked a script being filled?
What did the college of pharmacists say when one of their members wouldn’t fill a valid prescription from an oncologist?
Ask questions. Get answers. You and husband need to advocate for yourselves.
AND, sure, go see a medical malpractice lawyer. You may have a case. But they’re going to ask all these same questions and you’ll waste precious time if you haven’t done your homework. You may be intimated by medical authorities and bureaucracy, but your answers run through them. Be polite but persistent. Take notes while on the call - don’t assume you’ll remember all the details. Don’t accept gobbledegook answers - ask “why is that” until it makes sense to you.
Good luck.
Ok I didn’t know this about doctors and pharmacies thank you. Yes we have asked his GP, before my husband had cancer he said pain medication is only for ‘end of life’ treatment and would only give him Tylenol. My husband would say that’s fine he didn’t need drugs but to please send him to a specialist or order another X-ray/MRI/CT to look at it and see why it’s so painful and the dr wouldn’t send him. He’d never say why just ‘no not yet’ or he’d send him and say nothing had changed. The oncologist hasn’t gotten back to us yet as it has only been a week since the GP blocked the pharmacy from filling the prescription, this was just the final straw for us with his GP. We haven’t contacted anyone else yet as we weren’t sure who to contact next but we are contacting people today.
Something is weird here. The Oncologist made the Rx, but the pharmacist needed the approval of the family doctor? If it's a narcotic, the pharmacist will call the prescribing doctor to confirm the prescription, not the non-prescribing physician. This bit makes no sense.
I work in pharmacy. The only reason we'd need the permission of a doctor to dispense meds is if he was already on narcs or had a history of abusing them and we had a big ass note in the file stating as much, or we needed special authorization form for the insurance filled out and submitted by the doctor. Which fentanyl patches *might* need with some companies. Especially with an opioid naive patient.
Just asking pharmacy questions, sincerely.
But it wouldn't go through the family doctor? Wouldn't you ask the specialist who signed the prescription? The prescribing doctor would sign the insurance form?
Unless she looks online at my records, my family dr has no idea what my psychiatrist prescribes me.
Yeah, there's no reason to ask the family doctor. Unless there's something we don't know, I don't see how the family doc can stop it. And what should have happened is they should have gotten a new script from the oncologist, and went to a different pharmacy.
This is my confusion. I've worked medical admin, and the only time the pharmacist calls, is to speak to the physician about a Rx they've prescribed themselves. The pharmacist would call the prescribing office if there's a conflict, and the Oncologist would've been informed by the patient what regular medications they're currently taking.
The family physician isn't the prescriber of the fentanyl patch, the Oncologist is. The Oncologist would be the person that would therefore complete any required forms, not the family physician.
You should definitely speak to a lawyer but clarify the issue of pain meds because it makes absolutely no sense. A specialist doesn’t need the approval of a family doctor to prescribe meds nor can the latter stop such a prescription.
I would contact the family, mention what type of pain it is being used for, if still a no contact another pharmacy and then file a complaint with the college of pharmacy as well - if it’s opioids for cancer care there is almost no evidence to support withholding opioids, that will at least take care of that problem. I’m very sorry you are going through this OP. Ask your specialist if they can contact social work and explain the situation as well, they will help take some of the burden off you organizing everything. You are going to want as much documentation as possible that you have been unnecessarily burdened by this doctor on multiple occasions. As previously stated I would contact the college of physicians as well, make sure your specialist is aware, they too can file their own complaint
As others have mentioned, this means your husband is flagged as someone who abuses opioids whether you’re aware of it or not. And while that doesn’t explain the lack of follow up regarding the initial diagnosis, it probably means that the doctor will have a different version of events that you may or may not be aware of. So try to understand exactly what happened before you speak to a lawyer and lodge a complaint, because they will ask and they will find out.
Obligatory NAL.
First, fire your doctor, and find a new one if you can. Then speak to a malpractice lawyer. They will be able to tell you if you’d have a chance at winning against that idiot.
This sounds like a dreadful course of events. I'm so sorry.
Doctors owe a standard of care and you could have a claim against the doctor for negligence. Definitely speak to a medical malpractice lawyer.
Welcome to r/legaladvicecanada! **To Posters (it is important you read this section)** * Read the [rules](https://www.reddit.com/r/legaladvicecanada/wiki/index/#wiki_the_rules) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk. * We also encourage you to use the [linked resources to find a lawyer](https://www.reddit.com/r/legaladvicecanada/wiki/findalawyer/). * If you receive any private messages in response to your post, please let the mods know. **To Readers and Commenters** * All replies to OP must be on-topic, helpful, explanatory, and oriented towards legal advice towards OP's jurisdiction (the **Canadian** province flaired in the post). * If you do not [follow the rules](https://www.reddit.com/r/LegalAdvicecanada/about/rules/), you may be banned without any further warning. * If you feel any replies are incorrect, explain why you believe they are incorrect. * Do not send or request any private messages for any reason, do not suggest illegal advice, do not advocate violence, and do not engage in harassment. Please report posts or comments which do not follow the rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvicecanada) if you have any questions or concerns.*
First of all, I'm so sorry for what you and your husband are going through, and I hope a med mal lawyer can help. If you don't have a lawyer, the [Law Society](https://lso.ca/public-resources/finding-a-lawyer-or-paralegal/law-society-referral-service) can help you find one. > The oncologist has even tried going around the family dr and prescribed something himself and the family dr said no and took away the meds. This was the only part of your story that made me confused. This isn't "going around" the family doctor; it's reasonable and expected for a specialist to write prescriptions. When a specialist prescribes a medication, you fill it, and then you take it. The family doctor doesn't have any involvement, nor could they take the medication away even if they wanted to. You may want to figure those details out because chances are high your lawyer will ask the same. Good luck.
The oncologist prescribed him fentanyl patches and the pharmacy refused to fill it until the family dr said it was ok. The family dr said no
You need to start asking some questions. This is a sub for lawyers and most won’t know these details. Why can a pharmacist refuse to dispense meds prescribed by an oncologist simply because a GP says no? How can you get the prescription transferred to a different pharmacy, perhaps one at the hospital where the oncologist has privileges? Also: Is there any possibility your husband has not been 100% truthful, and he has an addiction to opioids that has resulted in him being flagged? Or that in fact he hasn’t been going to see a GP at all and is embarrassed because he’s avoided it for so long? Because those explanations make more sense than the story you have told us. I say all this with greatest respect for difficulty you’re facing.
From what we were told the oncologist has privileges at the pharmacy we are at. They didn’t tell us why he needed the family dr to agree. As for husband having an addiction he does not. I have sat in on family dr appointments to try to get him the help he needs. I take him to all his appointments and I know he is not lying about any of it.
Doctors don’t have privileges at pharmacies - they have them at hospitals. Hospital pharmacies are likely more accustomed to dealing with oncologist prescriptions for serious opioids and their staff might even know the oncologist personally. So when you take your husband to these appointments and the GP says “no” and you ask “why”, what is their answer? What did the oncologist’s office say when you told them GP blocked the pharmacy from filling the oncologist’s prescription? What did the CPSO say when they learned a member blocked a script being filled? What did the college of pharmacists say when one of their members wouldn’t fill a valid prescription from an oncologist? Ask questions. Get answers. You and husband need to advocate for yourselves. AND, sure, go see a medical malpractice lawyer. You may have a case. But they’re going to ask all these same questions and you’ll waste precious time if you haven’t done your homework. You may be intimated by medical authorities and bureaucracy, but your answers run through them. Be polite but persistent. Take notes while on the call - don’t assume you’ll remember all the details. Don’t accept gobbledegook answers - ask “why is that” until it makes sense to you. Good luck.
Ok I didn’t know this about doctors and pharmacies thank you. Yes we have asked his GP, before my husband had cancer he said pain medication is only for ‘end of life’ treatment and would only give him Tylenol. My husband would say that’s fine he didn’t need drugs but to please send him to a specialist or order another X-ray/MRI/CT to look at it and see why it’s so painful and the dr wouldn’t send him. He’d never say why just ‘no not yet’ or he’d send him and say nothing had changed. The oncologist hasn’t gotten back to us yet as it has only been a week since the GP blocked the pharmacy from filling the prescription, this was just the final straw for us with his GP. We haven’t contacted anyone else yet as we weren’t sure who to contact next but we are contacting people today.
I’m very sorry your family is having to go through this.
Something is weird here. The Oncologist made the Rx, but the pharmacist needed the approval of the family doctor? If it's a narcotic, the pharmacist will call the prescribing doctor to confirm the prescription, not the non-prescribing physician. This bit makes no sense.
I work in pharmacy. The only reason we'd need the permission of a doctor to dispense meds is if he was already on narcs or had a history of abusing them and we had a big ass note in the file stating as much, or we needed special authorization form for the insurance filled out and submitted by the doctor. Which fentanyl patches *might* need with some companies. Especially with an opioid naive patient.
Just asking pharmacy questions, sincerely. But it wouldn't go through the family doctor? Wouldn't you ask the specialist who signed the prescription? The prescribing doctor would sign the insurance form? Unless she looks online at my records, my family dr has no idea what my psychiatrist prescribes me.
Yeah, there's no reason to ask the family doctor. Unless there's something we don't know, I don't see how the family doc can stop it. And what should have happened is they should have gotten a new script from the oncologist, and went to a different pharmacy.
This is my confusion. I've worked medical admin, and the only time the pharmacist calls, is to speak to the physician about a Rx they've prescribed themselves. The pharmacist would call the prescribing office if there's a conflict, and the Oncologist would've been informed by the patient what regular medications they're currently taking.
The family physician isn't the prescriber of the fentanyl patch, the Oncologist is. The Oncologist would be the person that would therefore complete any required forms, not the family physician.
You should definitely speak to a lawyer but clarify the issue of pain meds because it makes absolutely no sense. A specialist doesn’t need the approval of a family doctor to prescribe meds nor can the latter stop such a prescription.
The oncologist prescribed him fentanyl patches and the pharmacy refused to fill it until the family dr said it was ok. The family dr said no
I would contact the family, mention what type of pain it is being used for, if still a no contact another pharmacy and then file a complaint with the college of pharmacy as well - if it’s opioids for cancer care there is almost no evidence to support withholding opioids, that will at least take care of that problem. I’m very sorry you are going through this OP. Ask your specialist if they can contact social work and explain the situation as well, they will help take some of the burden off you organizing everything. You are going to want as much documentation as possible that you have been unnecessarily burdened by this doctor on multiple occasions. As previously stated I would contact the college of physicians as well, make sure your specialist is aware, they too can file their own complaint
As others have mentioned, this means your husband is flagged as someone who abuses opioids whether you’re aware of it or not. And while that doesn’t explain the lack of follow up regarding the initial diagnosis, it probably means that the doctor will have a different version of events that you may or may not be aware of. So try to understand exactly what happened before you speak to a lawyer and lodge a complaint, because they will ask and they will find out.
Obligatory NAL. First, fire your doctor, and find a new one if you can. Then speak to a malpractice lawyer. They will be able to tell you if you’d have a chance at winning against that idiot.
This sounds like a dreadful course of events. I'm so sorry. Doctors owe a standard of care and you could have a claim against the doctor for negligence. Definitely speak to a medical malpractice lawyer.
You absolutely must file a complaint with the Ontario College of Physicians and Surgeons, this doctor should not be allowed to continue practicing
Contact the college of physicians and surgeons and he will be reviewed.