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Do i have any legal recourse for medical abandonement in this case.

Carlsbad, CA |
Filed under: Personal injury

My personal doctor has dropped me as a patient, this was done over the phone by a nurse. I was told at that time i would get 3months of refills on my medications while I found a new doctor. Yesterday I went to the pharmacy to fill the perscriptions and the doctors office told the pharmacy they will not fill my Rx. The drugs they refused to fill are well documented to cause withdrawls and possible seziures. Is there any action that I can take in any regard?

Attorney Answers 4


  1. You can only take action if the doctor deviated from the standard of care and you have been injured as a result. You have not mentioned any injuries that you have suffered and you would need another doctor to review the circumstances and be willing to testify that your doctor deviated from the standard of care.


  2. You may want to consult a medical malpractice specialist, but I am not aware of any requirement that a medical doctor keep a patient. As for the prescriptions issue, call the doctors's office to clear up the misunderstanding, and start looking for a new doctor. That's much easier and more cost-effective than filing a lawsuit that may or may not have merit. Good luck.

    This response is based on limited information. It is not meant as and does not constitute legal advice and does not create an attorney-client relationship.


  3. Since you have not suffered any injuries yet even if the doctor departed from the standard of care there are no damages. Find a new doctor immediately or go to the emergency room.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.


  4. You should consult with another doctor for your continued care and treatment. If your doctor fell below the standard of care in your treatment and caused you damages, you should contact a medical malpractice lawyer.

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