Is getting cut off of a medicine you need malpractice?

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Is getting cut off of a medicine you need malpractice?

I have been on an anti-depressant but my doctor refuses to refill it with no reason given and refuses to

get me for another 3 months. I am already feeling the effects. Can I sue for malpractice?

Asked on November 12, 2017 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not malpractice. A doctor is under no legal obligation to keep refilling your prescription, and you have no legal right to have it refilled. Since the doctor is under no duty to refill it, he cannot be lible for refusing to refill it: there is only liability when there is a breach of duty. Your recourse is to change doctors if you don't like the medical care you are getting.


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