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Medical and Health Care Malpractice Includes Doctor, Dentist, Druggist, Hospital and Nursing Home Malpractice



               


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Old 09-29-2008, 12:00 PM
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doctor abandonment of patient?


What is the name of your state (only U.S. law)? TX
I have been seeing a pain management doctor for about 3 years. I was in a car wreck several years ago and had damage to my spine. I had an appointment on Thursday and went to see him. He gave me a new prescription and did not refill one of the prescriptions that I have been on at night. I came home, tried the prescription and had a reaction to it. I felt like I couldn't breathe. This was very scary for me because I was alone with two kids under 5 years old. I called the office the next day and asked for a lower dosage. I called back later on after no response from the doctor. When I talked to the receptionist, I told her my concerns which she conveyed to the doctor. She told me to stop taking the medicine that he said it was an allergic reaction. I said ok and asked what I should do at night. She put me on hold and the doctor got on the phone. He said that he had a lower dosage and they were about to close in 15 minutes (around 3:00) and asked if I could make it up there in that time. I said that I could. I told my mom what was going on and she was very concerned. She wondered if it was a lower dosage, wouldn't I still have an allergic reaction to it? I went up there and by the time I got there all of my stress began to climax. I was crying as I headed into the office. I talked to the receptionist and told her my concern. (especially with a 5 month old baby and a 4 year old in my care) The doctor came out of his office (obviously angry) and told me that he couldn't ensure that I wouldn't have another reaction. He said if you are that concerned don't take it. I asked what I should do at night and he asked me if I wanted my old prescription. I said I don't know,I guess. (At this point, he is really stressing me out even more and making me very uneasy because of his behavior.) We are standing in the waiting room. He goes to his office, writes the prescription and comes out, jerks his hand at me, and tells me that is the last prescription he will write for me. He continues to complain about me (crying) and tells me that I need to see another doctor. I tell him that I have an appointment with a neurologist on the 27th of the next month. He tells me again that he will not write any more prescriptions for me. My pain medicine will end one week from seeing him. Is this patient abandonment? What can I do?What is the name of your state (only U.S. law)?
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Old 09-29-2008, 12:25 PM
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He is obligated to treat you for 30 days on an EMERGENCY basis. Narcotic prescriptions are not considered emergent. You already told him you had an appointment with a neurologist on the 27th of October.
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