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My disabled nephew broke a tooth and has an exposed root. Went to the ER for the pain and the doctor turned him away.

High Springs, FL |

Made 1 visit to the ER and got antibiotics and 3 days of pain meds. On day 4 the pain was bad and went back to the ER and the DR. refused to treat him. I told the DR. he needs to finish the antibiotic before he can have it pulled. I told him he is on a waiting list at the local clinic as he can't pay a private practice dentist 400.00 to extract the tooth. The Dr asked him "Then how are you going to pay me?" He sent him home with no relief. The nurse apologized and gave him a complaint form. He is not a drug addict nor does he drink. I feel the Dr. could have given him a non addictive pain medication for some relief if he feared drug abuse. I feel he has been discriminated against. What should he do?

Attorney Answers 5


  1. Have your nephew file the complaint with the hospital administration.

    Attorney Inga Stevens is licensed in Maine. She provides general information on Avvo.com. No attorney-client relationship arises out of the information given here.


  2. I don't necessarily think that another ER doctor would say that your ER doctor fell below the standard of care. My ou probably ought to see another physician for ongoing management of pain following an ER visit. The ER's job is to treat emergent conditions and he did that for your son. Following that either a primary doctor, a dentist or a pain management physician should prescribe further medication. This really is probably the most safe approach for your son.


  3. ER doctors & the hospital can be legally held accountable when they turn away a patient in a medically unstable, life-threatening condition. A dental problem such as you describe wouldn't fit this scenario.


  4. I suggest that he file a complaint with the State agency in Florida which oversees Dr. licensing.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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