While the refusal to prescribe highly potent and extremely addictive medications to a patient will very very very rarely land a doctor in the defendant chair of a successful malpractice suit, there are a growing number of doctors who are ending up in the hot seat for overprescribing or prescribing without medical necessity said medications. I have a few O.D. cases on my roster right now... and I fully expect to take on more in the next few years as the Medical Board of California starts taking this issue more seriously and sheds publicity on this deadly doctor-caused "epidemic."
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
No, you cannot sue a doctor for refusing to give you this medication. There may be a ton of reasons why the doctor did not give it to you including potential addiction, the doctor not believing you need such a potent drug, etc...It is the doctor's call...Sorry.
Legal disclaimer: Please be advised that the advice provided does not create any attorney/client relationship; that due to the various state laws that the information provided is a general overview of the law, which might not be applicable to you, based upon the laws of your state. We will not file anything on your behalf nor protect any statute of limitations which might arise and recommend that you IMMEDIATELY consult legal counsel for adviceThis response does not constitute or make an attorney-client relationship as it is made for general purposes; answering attorney does not possess enough information to inform recipient of the applicable statute of limitations. You may also contact Mr. Hiden at (619) 296-5884 or by email at "firstname.lastname@example.org"
Pain relief and what the doctor prescribes is clearly a medical judgment. You can sue anyone for anything, but unless another doctor testifies that the doctor deviated from accepted medical standards of care, and his deviation caused you damages, you don't have a case. I never advise people not to pursue, since I do not have all the relevant facts, but on what you have described, it would be a difficult case to pursue, and win. You are always free to consult with a local attorney who handles medical malpractice cases.
It is within the realm of professional discretion to prescribe or not prescribe any given medication. That alone is rarely enough to substantiate a medical malpractice claim.
I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
By law, physicians must prescribe based on the individual physician's medical judgment. It is not professional malpractice for a physicians to differ in the judgment of necessary pain meds. The patient is always free to shop around for a different physician.
What you are proposing would completely override the physician's judgment process. The law does not compel a specific judgment call from the physician.
I am unaware of any medical malpractice case EVER in any state where a physician was found to have committed professional malpractice solely on the basis of refusing to prescribe a specific patient-demanded medication.
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
Sign up to receive a 3-part series of useful information and advice about personal injury law.