Did my Primary care doctor, violate my civil rights? or What?

Asked over 1 year ago - Jacksonville, FL

On August 28th, 2013, i went in for a visit to my primary care physician. I arrived at 7:26 in the a.m. I complained of chest pains, shortness of breath (I have Asthma), migraine headaches, and feet and legs had been swollen off and on for approximately four days before my arrival that morning. I was told by the front desk associate that the doctor had stated she would not be seeing me. After sitting there all day up until four-thirty (with a doctor who had seen each and every patient except for me). After inquiring.. front desk basically told me, that the doctor was not seeing me because i did not frequent her establishment often enough. I called 911 and was transported to the hospital. where I received a blood transfusion within hours upon my arrival at that hospital.

Attorney answers (3)

  1. John Michael Phillips

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . It's neither a violation of civil rights, nor medical malpractice. They explained that they didn't want to treat you- probably to avoid malpractice liability. They certainly should have used more professionalism but I don't see a lawsuit here.

    Please CLICK the button if I HELPED or was BEST ANSWER. No attorney-client relationship is established and... more
  2. Christopher Robert Dillingham II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Only the government or a government actor can violate your civil rights. So long as the doctor's decision is no based upon protected-class status, then you have no claim. additionally, the US Constitution's First Amendment Freedom of Association Clause has been held to mean that the government cannot force anyone to associate with anyone else. The government cannot force a doctor to treat (associate with) you.

    I am a Florida attorney who practices in the areas of personal injury and criminal defense. My answers on Avvo... more
  3. Rixon Charles Rafter III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No. Not your civil rights.

    Doctor may have offended some state kaw or canons if professionalism. See a local medical malpractice attorney ASAP.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER... more

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