My sister was seeing a doctor for her baby blues and moodswings after the birth of my nephew. About two weeks before she ran out of medication she called the doctor to get a refil. She left numerous messages with the receptionist and on the answering service but he never returned her call. She also called in the refils to the pharmacy and they were not able to get ahold of the doctor either. Eventually she ran out of her medications and went on a downward spiral. She ended up having to be hospitalized for her condition. Does she have a legal standpoint to sue the doctor?
2007-12-12 07:59:59 · 5 answers · asked by Jaycee G 1 in Politics & Government ➔ Law & Ethics
She was in the process of switching doctors and had an appointment for Jan 8 but since she had not seen the doctor yet they were not able to give her any medications and stated that she would have to get ahold of her current doctor until she can be seen by the new doctor.
2007-12-12 08:10:03 · update #1
Can she sue? Yes, anyone can sue anyone. Can she win? That would be up to a jury. I am an attorney, but have little knowledge of malpractice. Call an attorney that does. They will see you free and assess the case. Good luck to your sister.
2007-12-12 08:05:45 · answer #1 · answered by Songbyrd JPA ✡ 7 · 0⤊ 0⤋
You stated she was in the process of switching doctors - this could have an impact on the situation. If she notified the present doctor that she was not intending on returning and was planning to see another doctor then she most likely did not make a follow up visit with the first doctor in the time frame he required for refills. A doctor is no obligated to fill "phone requests" for refills - especially psychiatric and pain medications.
If your sister knew that she did not have medication enough to make it to the first appointment with her new physician she should have made a follow up with her current physician to facilitate the refill of medications. I would hazard a guess she signed a paper regarding refills when she joined the practice as a patient.
People need to be accountable for their own health care and be proactive.
2007-12-12 16:57:27 · answer #2 · answered by Susie D 6 · 0⤊ 0⤋
This is America - you can sue for anything.
Seriously - depending on the outcome, some lawyers won't take the case because there isnt' enough money in it.
She had some obligation to see anyother doctor if she couldn't get in touch with this one. By your comments, she tried for 2 weeks. If I didn't hear back by the 1st week, I woudl have called someone else.
2007-12-12 16:06:34 · answer #3 · answered by Wanda 4 · 3⤊ 0⤋
Yes, that jerk should get it. Even if he has a reasonable excuse for not answering, he should have had someone else call her. The jury should let you guys win. Call a lawyer asap. He would want justice for you........or money. Your sister deserves justice!
2007-12-12 16:15:43 · answer #4 · answered by Torn Wings 6 · 0⤊ 0⤋
maybe
call an attorney
2007-12-12 16:04:22 · answer #5 · answered by slopoke6968 7 · 0⤊ 0⤋