I have a rare disease called Superior Mesenteric Artery Syndrome and had surgery done about two years ago. About a year and a half ago the chronic pain came back. I started going into the E.R. when I would become extremely nauseous and the pain would hit me. This happened once every month or two. One of the doctors that I get in the E.R. frequently has labelled me a drug seeker and has even gone so far as to refuse me any sort of treatment a couple of times. He has even put it in my medical records that I am a drug abuser when in truth I hate having to take pain medications. This could possibly cause future problems for me like in my case for S.S.I. or in future treatment. This has been very bad on my health both physically and emotionally. Do I have grounds to sue the doctor?
This doctor also called my primary care physician and told her I was a drug abuser and so she dropped me.
A doctor is allowed to write his/her medical opinion in the medical records. Also, without damages, a lawsuit would be fruitless.
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It depends on your proof. If the doctor was clearly stating a medical opinion, you probably have no grounds. Further, we have to look at actionable damages as a result of the statement. The fact that you have been refused treatment a "couple of times" or that you have to find a new treating doctor does not create a situation where you have been damaged enough to justify the cost of suing a doctor (who probably has a lot more money to defend the case than you have to bring it). The possible denial of SSI or future treatment is speculative, at present. I would try to correct your records or have other doctors opine that Superior Mesenteric Artery Syndrome can be so painful that patients MUST resort to drugs, if that is the truth. I do not think that your damages rise to the level where a lawsuit is warranted. I suggest, however, that you order you records and bring them to a local attorney for review and advice. Good luck.