Seeking Defamation Attorney for Libel, Slander, and Personal Injury from unlawful, inaccurate drug testing in relation to Workers Compensation Law as a constitutional violation of law under Eighth Amendment Search & Seizure.

Dear Sir or Madam:

I am referred to you by the internet as a law firm which engages in Constitutional Law, and/or has a Pro Bono Program to help those with major constitutional issues.

I have been disabled due to Workers Compensation injuries on Social Security Disability for 10 years.
As a condition of receiving benefits, NYS Workers Compensation requires mandatory drug testing, usually randomly, via a small list of participating medical providers.
There are no doctors in my county, so I am forced to drive 45-60 minutes one way to a doctor.
I have been with the same pain management doctor for some years.
However, just recently, the doctor joined with a much larger medical organization where before he was a sole practitioner. Suddenly, I was told I would not see the doctor but a physician’s assistant.
On the first such appointment, the physician’s assistant, immediately upon entering the room, wanted to know what I was doing to reduce my reliance on pain medications. She was quite brusque and rude and I took offense to her tone immediately. I told her that under NYS Workers Compensation there is no therapy or treatment to reduce reliance on drug medications, and in fact, the system is designed to avoid surgery, and leave patients on drugs forever, as I have been.
She then stated drug testing was going to be required every month for all patients. I submitted to drug testing, but was quite aggravated at this harassing behavior, for this would require me to drive 45-60 minutes not every 60 days, as required by WC statute, but every 30 days.
I notified my doctor of the incident and asked not to be seen by a physician’s assistant.
Shortly after the appointment, I was contacted by a lawyer for the medical practice, informing me that my old pain management agreement would not be sufficient as I had crossed out certain items on the agreement. The cross outs including being told not to eat poppy seeds (I am a baker), and refusal to pay for any medical testing not covered by insurance (given it was a Workers Compensation claim only). Thus, I would need to sign a lengthy legal agreement in order to continue to be seen by the doctor.
Due to the difficulty in finding a doctor, I noted I would sign the agreement but wanted to read it first. I was told the agreement would be sent, but I had to call several times. Once I got the agreement, it turned out to be 7 pages long, absolving the doctor of all liability of any kind, requiring payment for anything the insurance company denied, required me to agree not to eat certain foods, drink any alcohol, and to be on call 24 hours per day, and to report immediately or shortly thereafter for drug testing. Basically they wanted to know where I was 24 hours per day.
Shortly after that, the doctor “fired me” as a patient, in a letter copied to NYS Workers Compensation, along with the copies of a drug test not authorized for HIPAA release, indicating I was not compliant with the drug regiment. This letter and copy of the drug test were not sent to me as required by law. I found the results weeks later.
Whereupon, the drug test alleged I had tested positive for 6 out of 8 drug classes of drugs, including methamphetamines, Barbiturates, Cocaine, Methadone, Oxycodone, and Opiates. As well, a kidney function test showed severe kidney dysfunction. The test was done at the last drug test in February, 2018, but not submitted to the Board until April, 2018.
To say the least, I was furious. I have never taken illegal drugs. The drug test did not have the name of a laboratory on it, so I immediately checked with Quest who had done the last drug test in December, 2017. There was no log of a recent drug test. It thus appears that the medical office in question was doing drug testing in a back room in order to cut out the middleman.
I requested that the drug test be reprocessed with a more advanced testing technique, and have made arrangements to be drug tested properly, which requires obtaining a list of all foods eaten, all beverages, all vitamins, over the counter medications, and prescribed medications, all of which must be excluded, before a determination of illicit drug use can be made. This was never done for the medical provider’s version previously.
I contacted NYS Workers Compensation and asked for assistance, but they told me the doctors could require whatever they wanted, and that mandatory drug testing was required by NYS WC Law.
This has been deemed unconstitutional in multiple states in relation to Workers Compensation Law as a violation of Eighth Amendment Search & Seizure, and also in relation to Privacy Laws and Health and Public Welfare (which are greater than the National requirement in New York).
This is a serious issue, as I did internet research and found that thousands of sick people are receiving bad drug testing, where something as simple as a non-steroidal inflammatory (Advil) can test positive, for example, for amphetamines. In short, everything you eat and drink can have small components of various drug categories, as there are naturally occurring amounts of these drugs in the body. The doctor’s office had a responsibility to eliminate these medications from the test results, but failed to do so. In fact, it appears deliberate on their part to justify my concerns with the “new” pain management treatment protocol.
I am seeking a law firm to sue for personal injury due to emotional distress combined with defamation and slander. When the last doctor quit, he offered only 30 days of care for transitioning, but this was almost over when his certified letter was finally delivered. Thus, I ran out of my one opiate medication on 4/12/18, which is not to be stopped suddenly, and he refused to fill it, along with a laxative that is critical to me, due to my inability to take over the counter medications for gastrointestinal issues related to long term pain medication usage.

So, the doctor prejudiced my ability to obtain medical care from another doctor by failing to properly screen the drug test, failing to tell me it wasn’t a proper test, and wasn’t being done by a real blood draw center, like Quest, and didn’t properly eliminate prescription drugs, over the counter medications, vitamins, etc., before alleging I had a drug problem.

If you are interested in this case, I am looking to challenge the constitutionality of this practice as it has been challenged in other states, and to seek damages for pain & suffering from pain experienced due to the failure of the doctor to properly continue medications until another doctor could take over.