Texas Medical malpractice?

Question

I'm not sure if this would be cosidered malpractice or if we should just file a complaint and who to file it with.

A doctor treating a patien for Bipolar disorder, anxiety, panic attacks, high blood pressure and diabetes. One of the medications for the anxiety and panic disorder is addictive. The patient goes in for his routine exam and refills and the next day realizes he was not given a refill on the panic disorder medication. The doctor is called and asked for a refill 4 days later after the patient has run out of the medication and experiancing severe side effects of withdrawl and panic disorder the doctor call the pharmacy and denies the refill and tells the pharmacy that he needs to see the patient. It states very clearly in all pharmacy information to NOT abruptly stop taking this medication due to extreme pschological and physical side effects of withdrawl.

Is this malpractice or just somthing that should be reported to the medical board?

If it should be reported then to whom and how to do so. This has caused severe panic attacks and phobia issues for the patient.

The patient was seen two weeks ago by this doctor and requested refills on all medications, the doctor spoke of no concerns at that time and the patient is not seeking extra medication but a prescription that this doctor gave for the past three months. I am not speaking of a person taking exess of what was prescribed. The patient was not even aware of the possibility of addiction.

The patient requested a refill a week prior to running out and has continued to request until this date which is of 5 days after running out a total 12 days before the doctor bothered to reply and decline the refill. And the doctor did not contact the patient he gave the information only to the pharmacy.

Answer 1

If it is malpractice or not will depend on the other side of the story. The doctor had every reason to believe the patient was seeking extra medication.

Answer 2

Well, seems to me that his request to see the patient first is reasonable, especially given the addictive nature of the drugs. Dr. didn't seem to refuse to give a Rx, just refused to do it on the patient's schedule.

Patient should have known that drug would run out and take the appropriate measures to counteract that problem. Seems to be yet another case of blaming the Dr. for the patient's irresponsibility.

Every Dr. in Tx has a sign stating where complaints may be sent.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 3

This happens all the time. Just make the appointment, and more than likely the doctor will authorize the refill. You can ask the pharmacist if he/she will authorize an emergency refill. Almost all of the psych drugs should be tapered, and not abruptly d/c.