I was refused care by doctor

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I was refused care by doctor

I was in a car accident 02/06 and on 02/23 sense early morning my pain was getting worse all day and finally I was having hard time walking and breathing so I went to hospital at midnight and finally got back to a room the ER doctor came in and started naming all the medicine I’m on never asking me what was bothering me and I told him how much pain I was in and told him I don’t take opiates I was not there for pain medicine. I’m hurting so bad that I can’t cope but he just said he could not help me and to leave. He refused to treat me and absolutely didn’t care what I had to say or how much pain I was in. The accident could have killed me but he didn’t care and didn’t ask had if I had and MRI or X-rays done. He just assumed I was there for pain medicine and he so walked out of the room.

Asked on February 23, 2018 under Malpractice Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In order to sue for a personal injury (here malpractice), there must be a harm that was suffered due to the negligence (or intentional act) of another.In your case, you don't state what, if any, injuries that you suffered as a result of being refused care. So whether or not there was negligence on the doctor's or hospital's part, you may not be able to collect. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Based on what you write, you have not actually been harmed by this particular doctor not treating you. If that is the case--unless you can point to (with evidence) some injury or damage caused by him not seeing you--there is no point to considering legal action. The law only provides compensation for actual injury, harm, losses, etc.: there is no compensation for what "could" have happened. Without provable significant harm to recieve compensation for, legal action would cost you far more than you would get back.


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