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Is there anything I can do about a doctor that has dropped me as a patient without notification of wrong doing on my part?

Abilene, TX |

I have seen the same doctor for over a year. I have to my knowledge not violated any of the stipulations set by him when becoming a patient. I received a certified letter stating "This letter is to inform you that we will not be able to treat you as a patient beginning 30 days from receipt of this letter" signed by both the Doctor and his Physicians Assistant. No reason was given, but what I find interesting is the wording. Not be able means to me that either he has lost his ability to write prescriptions, or the practice is closing. Neither of which are true. Is it legal for him to lie to me? I have looked for another provider because I have been unhappy with the service I have gotten from this doctor but do not have one as of yet and cannot function without my prescriptions

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Attorney answers 5

Posted

There is no legal way to enslave a physician and make them provide treatment to you. unless you are in an emergently, life-threatening situation, a physician has no legal obligation to provide services. It's just like a restaurant: they can deny service for any reason.

Second, poor bedside manner, etc., isn't grounds for a malpractice case. You need a doctor to have made a serious, life-threatening mistake that causes you to suffer massive bodily harm.

Third, you don't want to be seen by a doctor that doesn't wish to treat you. You and your health deserve care from a doctor who is enthusiastic about providing your care.

Lastly, you are in Texas and worse, you're in Abilene. Texas med-mal tort reform kills about 90% of valid medical negligence cases from the git-go. If your not dead or permanently maimed, you really don't have a case in Texas anymore. Also, Abilene has such a conservative jury pool that there hasn't been a successful medical negligence case in that county for years and years. Most lawyers can't take cases in counties west of Austin as there really is no hope of prevailing.

Posted

You cannot force a doctor to treat you nor should you want a doctor who is forced to do so. Find another doctor who understands you and is willing to treat you. Best of luck.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

Posted

I recommend that you find a new physician as soon as possible. The physician-patient relationship is a unique one, but is still one that has to be agreed to by both parties. Good luck.

Medical malpractice cases are complex and I believe that clients are best served by contacting an experienced medical malpractice attorney. After all, results matter! You are welcome to contact me at 281-580-8800 or www.painterfirm.com. This Avvo comment does not create an attorney-client relationship and is for informational purposes only.

Posted

No, but go to the medical side of Avvo and find a new doctor.

Posted

Just as you have the right to fire your doctor for any reason or no reason at all, he or she has the right to fire you as a patient for any reason or no reason at all. In plain English, it's a free country.

Good luck.

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