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I've been taking care of my Aunt for the last 20 years. Now her doctor is saying she thinks she is safer in an nursing home because one of her prescriptions for pain was not in her toxic ally test did not show the medicine. If my Aunt holds the pills for only when she feels the pain and now maybe they think I'm taking it or that I'm not giving it to her. This is unfounded. I wonder if this is a case of slander for a law suit. My Aunt is 195 pounds we make do. She doesn't want to stay in the nursing home. She wants to be home with me.

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What was the name of the medication prescribed?
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Well here goes...If they can check and see that the Rxs have been being filled, but there is none in her bloodstream when they test (that would be under Toxicology, right?) they wil have no choice but to assume someone else has been filling the Rx and taking them instead. I am sorry to say that, esepcially if it never occurred to you that they should suspect this, or that anyone would ever do such a thing, but in real life it happens. We even see parents who coach kids to complain of lots of pain, fabricate a story or even make sure their non-verbal child is hurting when they come to the doctor, and take the meds themselves. I once had a mom sell her kid's power chair most likely for drug money, and had a manual chair donated to him instead by a local charity group who did not think to figure out why Medicaid didn't get him what he needed first....the drug use and dishonesty alone did not get him into foster care, but eventually her habit got the better of her and she inappropriately left him alone for an extended period of time and he was then taken away from her; there was, sadly, poor compliance with court-ordered drug treatment it became permanent.

OK. Deep breath. If the doc calls Adult Protective Services, it at least means he or she cares about your Aunt, and if a report is made in good faith, no, he or she should not be subject to prosecution if the case is unfounded. If they just dismiss from the practice for non-compliance instead, it would not suprise me, that's what a lot of doctors do to avoid the extra hassles or liability. If APS becomes involved and investigates, DO NOT PANIC. However upsetting it may be, cooperate with them, don't chew them out for doing their job, try to understand why they have been called. If she has not been filling the Rx, then you are off the hook. If it has been being filled, but there is a big stash of it at home and you can show someone, you are also more or less off the hook. The question will then be if you can and will help her manage her meds. If the drug has been diverted by someone else, it could take some detective work and you will end up having to take a drug test yourself most likely, you may want to have a lawyer of your own...

And finallly, please do not be terribly offended by this, but if you have been using any of her medication and need help wtih prescription drug addiction for yourself, be sure to get it. It is very easy to become dependent on medication and very, very common. No one needs to just sit around and be shocked or sit in judgement of you without offering help. I have no doubt my patient would rather have stayed with mom despite everything and I really am sad that proved not to be possible. I hope there is a happy ending for you and your aunt whatever else happens or has happened...and I'm almost sure there can be if anything works the way it is supposed to.
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I'm kind of confused by your question. What is a "toxic ally test"? Is your aunt able to coherently tell the doctor that she only takes the medicine when she's in pain and not as a regular dose? You say she has had a stroke, but you don't mention cognitive impairment in your profile.

I wouldn't worry about slander, I think the doc is just trying to figure out why your aunt isn't taking the medication as prescribed. Are you still filling the prescriptions regularly? What do you do with the pills she doesn't take? Is the 195 pounds correct? What does that mean as far as why she's not taking her medicine?

And in answer to your first question, yes, the doctor can simply tell you to find another doctor if they're not comfortable treating you for some reason.
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