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
------------------
George H. Senteney
Prairielaw.com
"More people helping people with the law than anywhere."
