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Is it malpractice if a doctor refuses to see you with no conversation why after about five years as his patient?

Asked over 2 years ago - Desoto, TX

i have had the same doctor for at least 5 years. he disolved the association. he sent a letter saying that i refused to follow his instrucitons and that i had another dr. both of which are untrue. i am suppose to be on a medicine ongoing. with out it my life is almost unbearable. since then i can not find a new dr. after i tell them who he was and his number for record s sake. also he refused to give me a copy of my records, then later his office said that for an inflated cost they would make them available.

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Elizabeth Taylor Herd

Reputation Level 14

Answered over 2 years ago. Medical Malpractice Attorney in Tampa, FL.

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I am not licensed in TX and can offer you only general advice. There is a cause of action for abandonment if you can prove that you suffered damages as a result of this physicians refusal to treat you when you could not find another physician. I will tell you that generally that is a really tough case to prove. It sounds like there will be factual disputes between you and the doctor. If your dispute arises over a prescription for a pain relieving type of medication you will have a substantially greater difficulty in proving that you are right and he is wrong.

Regardless of what you decide to do you should try to find another doctor immediately and attempt to mitigate any damages this physician might have caused you. If you are able to find another doctor - and you prevent any damages, you are much better off at least in my mind. Good luck and talk to a local lawyer if you have more specific questions.

Betsey Herd
Tampa, Florida

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