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Is it legal for my endocrinologist to withhold prescriptions pertaining to my diabetic care?

Memphis, TN |

I've been seeing this nurse practitioner for a few years, having an appointment once about every three months. She just recently started withholding prescriptions until I came to the office to see her, only to chew me out for poor diabetic care. I've had diabetes for 18 years and my diabetic care is absolutely fine. She would tell you she has little knowledge of my care because i rarely bring any recordings to our appointments, which technically, are not grounds to refuse to grant prescriptions for supplies and insulin. I recently received an upgrade for my insulin pump, but it requires her prescription for the supplies which she will not grant me. I want to know if there is any legal action I can take against her for doing this.

Attorney Answers 2


  1. Your best course might be to speak to her about the cause of her actions, you might be surprised. There is evidently something in your lifestyle that has her concerned. This concern may extend to the purchase of the new machine, particularly If the prescription to the new machine are significantly more expensive than the old.

    DME companies, such as those that sell insulin pumps, are being targeted by the federal government on issues of medical necessity and their marketing practices. It could also be that she is concerned about this. Did you discuss your new pump with her before you purchased it? If after you have spoken to her you feel that she doesn't undersstand your position, you may seek other medical care.

    I am licensed in New Mexico and Pennsylvania, and therefore any discussion of issues related to other states must considered within that context. In addition, my comments are not intended to create a legal representation but merely to respond to the limited facts presented by the question. Any opinion herein is not meant as a precise statement of legal rights or as a recommendation of any particular course of action. A more complete legal review can be obtained through local counsel.


  2. Diabetes is a "whole life" malady, and it appears that your caregiver is genuinely concerned about your health. You could always switch to another caregiver who does not care about your health. Sue? For what? Being too concerned about patient welfare?

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.