QUESTION
Can a Doctor be held responsible for refusing to refill a persecution
Asked on Dec 26th, 2020 on Personal Injury - South Carolina
More details to this question:
Can a Doctor be held responsible So, ive taken Klonopin since 2007 up until maybe around 2017, I'm not sure if it was 2016 or 2017. I have very significant side effects and withdrawal symptoms, including memory loss along with extreme anxiety. Despite this my Doctor refused to refill this medication, due to the concerns of being held accountable for prescribing addictive medications as well as the current opioid crisis. I was never informed that the medication was habit forming, and I didn't inquire about this. I have a very long history of having to take one or more Psychiatric Drugs, which is my "normal". At the moment I take something in its place, it take the edge off .I had to take it for my anxiety along with other medications for years. I needed to know if it was negligence on Doctor's end for refusing to refill prescription.
1 ANSWER
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Full disclosure: I do not handle medical malpractice claims. However, your question would be best answered by consulting an experienced medical malpractice lawyer.
Whether there was a violation of a safe amount of prescriptions or if the doctor violated a standard of care is a question that can't be answered online, but will require a medical expert's evaluation and opinion. For this reason, I recommend that you check with a malpractice lawyer, just to see if it is something that they are interested in taking a look at.
This does not mean, however, that your case is a good case or that there is more benefit than cost in prosecuting a malpractice action. These types of claims are extremely expensive, on average, and are often not possible to prosecute, even if there was negligence. This sounds unfair--and I get it--but these are questions that an experience malpractice lawyer can answer for you.
Best of luck in whatever you decide to do.
Answered on Dec 28th, 2020 at 7:36 AM