QUESTION
can I sue my doctor for discharging me at twenty eight weeks pregnant, due to not quitting smoking cold turkey?
Asked on Jun 07th, 2014 on Medical Malpractice - New York
More details to this question:
I was recently discharged from my obgyn doctor for not quitting smoking cold turkey. I have been seeing a midwife this entire pregnancy and this was my first time meeting with the doctor. I have cut down from smoking little by little throughout the pregnancy, yet the doctor demanded I quit immediatly. I insisted I have been cutting down but quitting completly is a struggle and without furtheradvice or conseltation I was discharged from his practice. I feel abandoned and now at twenty eight weeks i am searching for a new provider. I would like to sue but dont know if I have a valid case? I have had three other children with this practice and smoked through out the pregnancies. Also, I am not high risk and my baby has shown no signs of abnormal growth or health risks.
1 ANSWER
Medical Malpractice Attorney serving Garden City, NY
Partner at
Silberstein And Miklos, P.C.
1 Award
I am sorry to hear about your situation in terms of the discharge. Once doctors begin seeing you there is a formation of what is referred to as the "doctor-patient" relationship which carries certain duties and expectations with it. If a doctor does want to "terminate" a patient they must follow certain methods to doing it which may include assisting the patient with finding a new doctor.
At this point I am most concerned about you finding a new provider as soon as possible given pregnancy is such an important time for monitoring and so you can get better advice as to how to reduce your smoking further during this time.
In terms of the possibility of a lawsuit, your best bet would be to contact a medical malpractice firm and providing more details regarding the incident. Thanks for contacting us, Dr. Guy Regev.
Answered on Jun 16th, 2014 at 11:10 AM