Physicain Negligence???

Approx. 2 weeks ago my physician that I was seeing refused to refill my meds. His reason was that he did not agree with my med plan. He had been refilling my meds for the last 6 months and never said anything before now. I have had to drop out of my classes that I was taking because of the adverse effects of not being on my medication. I have missed a lot of time from a little part-time job I have just to make ends meet and have come very close to losing it. He didn't even give me any to last me till my appt. with the rheumatologist. I feel he did not live up to what is considered appropriate behavior for a physician. Is this cause for malpractice action??

Ultimately you will need to discuss this with a malpractice attorney in your state as the laws vary with each state and cases are very fact specific... so, all I can give are some general thoughts and considerations...but, generally, in any malpractice case you need to prove by expert medical testimony that the care providers acted as no reasonable care provider would, under like or similar circumstances... this is an issue that invariably requires an expert.... thus, generally the standard would be "would any resonable physician have refilled your prescription?"; this is a very tough burden. Moroever, even if negligence, a person needs to prove also by expert testimony that the negligence caused the injuries... because of how vigorously insurance companies defend these cases and because of the need for the expert testimony, often med mal cases cost in simple out of pocket expenses ( not including atty fees) 20,000-50,000 or more dollars. Those are expenses that have to be paid whether the party wins or loses. Therefore there are many cases that even if could prove negligence, are still too costly to pursue and are therefore not practical as even if could win, the amount that likely recover, less than the expenses...because of these difficult and practical problems it necessary that you consult with an attorney in your state who familiar with the law of your state and who can gather all the critical facts so that he/she can give you the specific advice you need... please seek this consultation...
good luck!
George Senteney

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George H. Senteney
[url="http://www.prairielaw.com"]Prairielaw.com[/url]
"More people helping people with the law than anywhere."

I understand exactly where you're coming from. My cancer doctor had been prescribing sleeping pills to me for almost a year because of a side effect of insomnia from my medication. Upon calling him up one day for another refill, he all of a sudden acted as if he had never prescribed them before and then he said he questioned the wisdom of such a thing. He sent me a certified letter shortly after that, stating he could no longer be my doctor. I always wondered if anybody else had ever experienced anything like that. I wrote to several attorneys about this and they told me there wasn't enough malpractice. What a joke!!! I hope you have better luck than I have.

Mr. Senteny, thank you for your reply. I just wanted to get some input. I am angry and didn't want to act out of just that anger. But I didn't think it was right either to just leave a patient in limbo like mine did. thanks again

I'm sorry your doc treated you this way. Having cancer is bad enough without a doc treating you like he never knew you to start with. I'm not sure what this world is coming to when a doc can put someone's wellbeing in jeopordy. If they were in our shoes maybe they would think twice before they ruined our life and outlook of this life we live with pain, disease, and at the mercy of the physicians that we have to seek because we have no other choice.