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Is it legal for my PA's attending Dr. to discontinue my medication?

Hershey, PA |

I've been seeing a PA at a Dr. office. The attending physician has never seen me before and the treatment plan my PA had me on is 60mg MS Contin 3X daily, 10/325 NORCO 3X daily. Last month, I tested for a substance I am not prescribed. It was orally transfered from my husband to me (suboxone, sublingual) Upon discovering it was in my test, my PA said she had to talk to lab to determine if levels were consistent with accidental transfer. The lab confirmed this as did the drug manufacturer and there have been previous reports of same. Yet, the attending Dr. decided he "did not like" my treatment plan and "was so very sorry" but he was not continuing my meds. I have neuropathy, spondilolysthesis, RSD, need meds to function and cannot just stop taking them. No history of "dirty" urine.

Thank you for the responses. I realize I can go to another doctor but 1. I have medical assistance and there are hardly any offices near me who take my insurance so securing another doctor will be extremely difficult 2. Urgent care/ER/etc. cannot provide ongoing care like a PCP and 3. I truly LIKE my PA, and going elsewhere might make me look like a "doctor shopper." There was never any abuse at all, but I do understand the doctor has to follow certain guidelines. It's just devastating for me that this happened and I had no control over it because I did not know it could show up in my system from kissing. It just doesn't seem right. Worse, now my records may make it hard to obtain treatment in the future because if I were a doctor, I would probably think, "well, if that doc stopped the medication..." You can see where I'm coming from that this is causing me a lot of turmoil at present AND there may be repercussions in the future as well. It's just not right.

Attorney Answers 3


  1. Best answer

    To answer your question simply, yes it is legal for doctors to discontinue medication. If you are worried, you can seek a second and/or third opinion. If you are take off medication, and another doctor is willing to state it was a deviation from the acceptable standard of care and you were caused harm ,then you may have a case.

    good luck
    noah

    This response is written for entertainment purposes only. It should not be relied upon for legal advice, and in no way does this answer create an attorney/client relationship. We only represent individual(s) once there is a signed representation and fee agreement in place. Please visit our website to read our full disclaimer. http://pghfirm.com/


  2. Yes, it is legal for a doctor in the office to prescribe or not refill a prescription as she sees fit. In fact, if she believes there is an abuse going on, she has an obligation not to refill the prescription. There is nothing preventing you from seeing another doctor.

    This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship. To get legal advice, consult an attorney in your local area or the area where the issue is located. It should not be relied upon as legal advice. The response is based on the limited facts provided, and without any independent investigation of the author. Given additional or different facts, the response would likely change. The attorney providing this response is licensed in Pennsylvania and New Jersey, and you should contact an attorney in your jurisdiction if it is outside those jurisdictions.


  3. Yes. Retain a new doctor to get the treatment you require.

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