Is getting cut off of a medicine you need malpractice?

UPDATED: Oct 1, 2022

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Is getting cut off of a medicine you need malpractice?

I have been on an anti-depressant but my doctor refuses to refill it with no reason given and refuses to

get me for another 3 months. I am already feeling the effects. Can I sue for malpractice?

Asked on November 12, 2017 under Malpractice Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it is not malpractice. A doctor is under no legal obligation to keep refilling your prescription, and you have no legal right to have it refilled. Since the doctor is under no duty to refill it, he cannot be lible for refusing to refill it: there is only liability when there is a breach of duty. Your recourse is to change doctors if you don't like the medical care you are getting.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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