If my doctor has wrongfully accused me of drug seeking beavior and will not refill the prescription for my pain medication, can I take legal action against her?

I suffer from severe lower abdominal pain. I have been to over 10 doctors, 2 emergency rooms, and had exploratory surgery to find out what is causing it. No one has found anything. It is a very real and excruciating pain, occurs over 10 times a day for about half of the month. I recently visited my primary doctor to order an MRI that the hospital I visited prior had recommended. I also had requested a refill on my prescription of pain meds she had given me 3 months earlier. This doctor refused to refil my prescription by claiming I had “drug seeking behavior” (I had not asked the hospital or any other doctor for meds). She then tried to tell me that the pain was all in my head and I was making it up.

Asked on October 23, 2014 under Malpractice Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

You can not take legal action against a doctor for malpractice for not refilling a prescription for pain medication.� You should probably see a pain management doctor.� You may wish to�try a non-narcotic pain medication, such as Ultram,�or some other pain management technique.

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