What are my rights if my doctor ordered me the wrong prescription formula and it cost me $150?

I am writing to determine if I have a claim against my current neurologist. My neurologist sent a 3 month supply prescription to a retail drugstore chain. However, it was for the extended release of my medication. I currently take the generic regular dose version, twice a day. The doctor and I never discussed this change in the prescription. I received a bill in the mail from for $150. When I explained this mistake to the doctor, he told me to take the medicine. I relayed that I did not want to switch. Advise?

Asked on July 21, 2010 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You probably do not have a claim against your neurologist, if he proscribed what he felt was a medically appropriate prescription for you. In that event, there would be no malpractice; and if you did not discuss the matter with him, so that he went against your expressed wishes, there would be no other claims. This may, unfortunately, be a case where you have to absorb the extra cost or loss, but consider strongly changing physicians. Not everytime there is a bad or undesirable outcome or expense is there necessarily recourse against someone else for reimbursement or compensation; this most likely is one of those times. (Of course, if you express that you are willing to change physicians--which you'd have had to effectively do anyway if you were able to bring a claim against him--he may be willing to absorb the extra cost to avoid losing a patient and bad word of mouth.)


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