What are my rights if my doctor wants to stop my pain medications but I still have chronic pain?

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What are my rights if my doctor wants to stop my pain medications but I still have chronic pain?

I have been taking meds for 5 years; they still relieve pain just not long enough. Now all the sudden he wants to stop prescribing them for me.

Asked on January 5, 2014 under Malpractice Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Why does the doctor want to stop prescribing your medication?  Does the doctor want to prescribe an alternative medication?

The fact that the doctor stopped prescribing your medication does NOT constitute medical malpractice without additional information.

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances).

After asking your doctor why the doctor won't continue to prescribe your medication, if you are dissatisfied with the reason, it would be advisable to obtain the opinion of a second doctor, who can review your medical records and determine whether or not the first doctor's decision was that of a reasonable medical practitioner or whether it constituted malpractice. 


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