Filing a Complaint with your State Medical Board

complaint

Iatrogenic Damage

Everyone who is suffering from fluoroquinolone toxicity has been hurt by the medical system–obviously. A prescription drug, an antibiotic no less, caused a multi-symptom illness that includes damage to connective tissue (tendons, ligaments, cartilage, muscle, fascia, etc.) throughout the body, damage to the nervous systems (central, peripheral and autonomic), and more, for those who are “floxed.” There are thousands of people who suffer from a myriad of adverse-effects as a result of taking Cipro/ciprofloxacin, Levaquin/levofloxacin, Avelox/moxifloxacin, Floxin/ofloxacin, or other fluoroquinolone antibiotics. Despite the devastation that fluoroquinolones bring to their victims, and the fact that most symptoms are documented in various studies and on the FDA-published warning label, most victims of fluoroquinolones are unable to gain any sort of justice, retribution, or compensation for the damage done to them.

Justice System Failure

“Why don’t you just sue?” is a question that is commonly asked. While a complete answer to this question is more than I can give in this post, the short 2-part answer is that: A) People who are hurt by generic drugs cannot sue the maker of the drugs that hurt them, and B) If a symptom is listed on a drug warning label, you cannot sue for the drug causing that symptom. Most symptoms of fluoroquinolone toxicity are listed on the 43-page drug warning label, so if, for example, you suffer from toxic psychosis after taking a fluoroquinolone, you cannot sue for that severe and life-altering effect because “you were warned.” Never mind that few victims, and almost equally few medical professionals ever read the drug warning labels, much less the studies behind them.

Because suing is near-impossible for most victims of fluoroquinolones, thousands of people are left without any sense of justice or compensation for their losses.

What are fluoroquinolone-victims supposed to do? How are they supposed to get any sense of justice, retribution, or even acknowledgment or change?

Justice through State Medical Boards?

A recent note from a floxie friend gave me hope that some acknowledgement, and maybe some change, could come through filing complaints against the doctors (and other medical professionals) who are prescribing fluoroquinolones. Here’s her story:

My friend was an active senior citizen who enjoyed dancing before she was floxed. She is a petite vegan and was entirely healthy before she took ciprofloxacin. My friend recently filed a complaint with her State Medical Board against the Physician Assistant who prescribed her ciprofloxacin to treat an unconfirmed urinary tract infection. Her complaint asserted that the P.A. misdiagnosed her with a urinary tract infection and improperly prescribed fluoroquinolone antibiotics “which resulted in long term complications” (i.e. she got floxed).

My friend was pleasantly surprised when she received a letter back from the State Medical Board stating that they found that the P.A. was guilty of a “simple departure” from the standard of care. The letter explained that a simple departure from the standard of care is a “departure from the standard of practice,” and that “there must be two or more negligent acts or omissions before there is a violation of the Medical Practice Act.”

fluoroquinolone-lawsuit-banner-trulaw

Basically, this P.A. now has one strike against him, and if there is another Medical Board complaint against him, he can be found to be in violation of the Medical Practices Act, and disciplinary action can be taken.

Though I don’t know how the P.A. reacted to the findings, it is reasonable to assume that he isn’t happy about having one strike (of two) against his record. I would also guess that he’s not going to prescribe fluoroquinolones for unconfirmed UTIs (it turned out that my friend didn’t even have bacteria in her urine), and maybe he will refrain from prescribing fluoroquinolones again unless they are completely medically necessary. This, in itself, is progress. Having fewer doctors, P.A.s, and other medical professionals prescribing fluoroquinolones is a step in the right direction.

With the letter from her State Medical Board, my friend is approaching lawyers to see if any will take her case against the P.A. who prescribed her ciprofloxacin.

Perhaps filing complaints with State Medical Boards, and suing, doctors who hurt people through prescribing fluoroquinolones is one way to get change to happen.

Changing the System

If there are consequences for prescribing fluoroquinolones, perhaps more doctors will be cautious and prudent with them. If doctors hear of their associates having Medical Board disciplinary action taken against them, perhaps they will take the well-documented side-effects of fluoroquinolones seriously.

Fluoroquinolones are serious drugs with severe consequences. They should be prescribed with care and prudence, and, when they’re not, those who prescribe them inappropriately should face consequences.

If you were prescribed a fluoroquinolone inappropriately (the FDA recently changed the warning labels to note that fluoroquinolones should not be prescribed to treat bronchitis, uncomplicated cystitis, or sinus infections, and there are also documented reasons that athletes, children, people taking steroids or NSAIDs, immunocompromised individuals, and those with a history of psychiatric illness, should not be prescribed fluoroquinolones), your doctor should be reprimanded for inappropriately prescribing dangerous drugs to you–especially if those drugs hurt you.

I encourage everyone who was inappropriately prescribed fluoroquinolones to look into filing a complaint with your State Medical Board against the person who prescribed fluoroquinolones to you. Each State Medical Board has different forms and procedures, but you should be able to access them through Googling, “____(your State) Medical Board.”

I also encourage those whose fluoroquinolone side-effects were disregarded or ignored by doctors to file complaints with their State Medical Boards. The wide-ranging side-effects of fluoroquinolones are well-documented (HERE are hundreds of articles about the dangers of fluoroquinolones), and denial of documented drug side-effects is not appropriate. Perhaps with some Medical Board complaints, more acknowledgement of fluoroquinolone effects will come as well. That would certainly be nice, as acknowledgment is healing.

My friend has been empowered by the Medical Board findings, and I hope that she eventually gets justice. Disabling people with strong and consequential drugs, especially when they don’t even have an infection to begin with, is wrong. All “floxies” have to pay the consequences of taking fluoroquinolones with every loss that they sustain. Perhaps some of that burden should be shared by the doctors who inappropriately prescribe fluoroquinolones.

 

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5 thoughts on “Filing a Complaint with your State Medical Board

  1. L October 3, 2016 at 9:55 am Reply

    Unfortunately these state boards can be part of the rigged system. I started to file a complaint in CA only to discover you need to list all the doctors you saw who determined that your injuries were caused by the FLQs. (Good luck with that one.)

    I also am involved in a lawsuit against the pharmacy for failure to consult. There is a law in CA that says if a drug is newly prescribed or prescribed in a new dosage, strength or with new directions the pharmacist must be the one to offer the consultation. I started out suing the doctor as well, who never bothered to look up the interactions between cipro and prenisone and so never warned me about the black box, but the stress of this has caused me to drop the doctor and just go after the pharmacy. I was unable to get an attorney and have been doing it myself which has been daunting to say the least. Why couldn’t I get an attorney? Well, not because I didn’t have a good case. It is because the rules so favor the doctor/hospital/pharmacy that it makes it a very expensive case to try, and if damages aren’t high enough (things you can recover for, like lost income) it is not worth their time. https://www.propublica.org/article/patient-harm-when-an-attorney-wont-take-your-case

    • Lisa October 3, 2016 at 10:10 am Reply

      It’s such a disheartening situation. I was really surprises/pleased to hear that my friend actually got a favorable ruling in response to her Medical Board complaint.

      Thanks for that propublica article. Ugh though! “You’re basically saying for someone who doesn’t earn a lot of money, ‘It’s OK for a hospital to harm them.” Grrr.

  2. Steven W. October 4, 2016 at 10:29 am Reply

    Hello. The rich get better and the lower income get worst right? So true. I saw a “Doctor” yesterday who told me that natural remedies could be poison and tried to push on me (excuse me, there garbage), to put it nicely. I felt like I was at a car dealership. Then I got charged over 200.00 for the clinic visit , because the clinic is now part of the hospital. They kinda need a sign for some people You know. That was after another long wait to see one. For me, on the subject of going after the board seem a okay, but I really don’t believe most Doctors have the time to evaluate and administer things in a proper nanner. Clinics are generally full and drugs are being added at a rapid rate. Looking at His character I believe He is giving out was is is told. They have Doctors by the You know whats, and medicine is at the front of that. Makers are at the beginnings of it. I wish I could sue too, but even with mine being Levaquin and Cipro both, Baron and Budd says I have to have a diagnosis first, even though they said in their advertisement that one doesn’t. I need about ten or twelve diagnosis and are given none, even after over a ten year period. Sad. Take care and stay the course. Naturopathic-Hmm.

  3. Lisa M May 25, 2017 at 11:32 pm Reply

    L Thanks for the info, I was hurt in 2007, original date of LEVEQUIN BRAND NAME, I went back to that Doctor and Told him to Not ever Again prescribe that Poison, a few years later without my knowledge the same Dr prescribed it to my sister who is showing signs of Toxicity a year later. I truly believe that this takes a year to rear its ugly head, I had tremors and nightmares early on but there were no warnings but 4, MAY CAUSE Drowsiness, Dizziness, Diarrhea or constipation. It was given to me for a Simple Sinus infection along with Prednisone. 750 Mg Tablets for Ten Days, not the prescribing dose of 250 mg tablets for 4 days, So not only did this Doctor Poison Me he really overloaded the gun. Wow ten years later and still trying to recover. I have diagnosed progressive Neuropathy, Torn Tendons ( of which I had previous MRI because of pain No Tears or Ruptures) said to ease up on work load & it would subside it did. After Levequin, Torn Tendons both Shoulders ? Quitting smoking , Woah it hit me hard again, attacking me instead of the nicotine, having kidney issues also ? Who knows when or what, I am thankful for all information and glad to share what helped me. Biotin in Coconut oil actually has helped relieve the Neuropathy when nothing else had. Thank you again L and Lisa.

    • L May 25, 2017 at 11:37 pm Reply

      I too received it (cipro for me) for a simple urinary tract infection…and I was given prednisone at the same time for some lingering asthma. I think that is why I was hit so hard. I got so angry to see doctors are STILL giving these toxins out for simple infections in spite of the warning not to from the FDA. But they don’t bother to do any research. IT is so criminal.

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