Lawyer Monthly - January 2022 Edition
outcomes. I can help parties determine if the care provided was appropriate or if there was deliberate indifference or medical negligence. Outpatient programs are managing more patients with severe substance abuse problems who previously were cared for in residential programs. Due to insurance reimbursements, payers want to see those patients transition down and out of care faster than ever before. As you can imagine, high-risk patients in a lower standard of care setting can have untoward outcomes involving overdose, accidental death and suicide. I assist with the necessary review and testimony related to the appropriateness of treatment. Cases involving addiction medicine can be quite broad. Some recent cases involve a potential class action lawsuit against a major insurance company for denying care to substance abuse patients; determining the appropriateness of urine drug testing; defending a physician’s practice in malpractice litigation, and helping programs establish best practices as they grow and scale. Until five years ago, addiction medicine was not officially recognised as a specialty. Does the relative newness of the field affect your work? Yes, it does. As addiction medicine is now a recognised speciality, physicians must have practice hours and pass the written Board Exam to become board-certified. As with other medical specialties, it 78 WWW.LAWYER-MONTHLY.COM | JAN 2022 EXPERT WITNESS Patients with severe drug abuse problems often have unpredictable outcomes. establishes a baseline standard of competence. The practice environment is diverse. Substance abuse patients receive care in jails, prisons, hospitals, primary care clinics, outpatient treatment programs and inpatient residential programs. In the past, attorneys may have sought advice from toxicology or internal medicine specialists, but now addiction medicine physicians may be more appropriate in evaluating these cases. What other challenges do you often face in your role? Patients with active substance use disorders are complicated. They frequently demonstrate bad judgement, take high risks and have significant comorbidities, underlying mental health problems and unpredictable
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