Can I sue for malpractice if I went to my doctor to get a refill on my diabetes medication 2 weeks ago but she still hasn’t sent the prescription to the company that fills the order?

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Can I sue for malpractice if I went to my doctor to get a refill on my diabetes medication 2 weeks ago but she still hasn’t sent the prescription to the company that fills the order?

Now I have no supplies to control the disease, which is extremely dangerous. When I call the office they send me to someone’s (not her’s) voicemail and I never get a call back. They say I can’t talk to her directly. The refill company has also been trying to get a hold of them for a week with no response. Can I sue her for malpractice for making me suffer?

Asked on July 6, 2015 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't effectively sue for her "making you suffer"--the law only provides compensation for additional costs, actual physical harm, or for disability/impairment linked to or caused by physical harm. So if, as we hope, you have not suffered harm due to this, you would not have a viable suit. The law also requires to take reasonable steps to avoid or lessen harm--in this case, if your doctor is nonresponsive, going to another doctor, if necessary; also, if phone communication is not working, have you taken the reasonable step of going in person to her office?


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