What to do if I’ve taken pain medication but doctor has now denied me a opiate based medicine for 12 days past my approved date and dropped me as a patient?

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What to do if I’ve taken pain medication but doctor has now denied me a opiate based medicine for 12 days past my approved date and dropped me as a patient?

I’ve taken this medication for over 4 years. Currently, I have run out of medication, with no place left to get it from, as my doctor of over 3 years will not confer with me. I have been thinking of taking him to small claims court, as I am on disability, though the monetary limit there is minor. Is there a lawyer that will only charge me if I win my case?

Asked on June 3, 2014 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) A doctor is allowed to drop patients if he/she doesn't want them--there is no perpetual right to be a patient of a given doctor.

2) A doctor may cease prescribing a medicine if he/she thinks that the patient has become dependent on it, or that it is bad for the patient for any reason.

From what you write, it is not clear that you have any legal claim or cause of action. While you may be able to find an attorney who will take this case, given that it is not clear that you have a claim, and also it is not clear that you could recover money for a claim like this (which means that it is not clear how you'd pay the attorney), you will likely have a difficult time finding a lawyer.


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