Could he make a claim in small-claims court?
Probably. Most states have “tort reform” that covers medical negligence actions, so there could be all sorts of procedural problems in small claims court. As much as I love litigation
I’m not a fan of it to “make a point” or “get someone’s attention.”
Thanks all. I appreciate the feedback.
Your case certainly seems to meet the criteria for abandonment. Sorry you had to deal with this. What a horrible situation.
That’s really shitty, Ambi. Sorry, I have no idea what to advise you to do. What I don’t understand is why no one told you that the doctor had left the first time you called them asking for a refill.
The US is going batshit mad over the opiod epidemic. I read in the Times a proposal to suspend all opiod use outside of hospitals for six months.
All I know is what she told me.
Physiatry, not psyiatry.
They can be quite helpful specialists.
I suspect the OP’s physiatrist got into some sort of regulatory/legal/reimbursement trouble that suddenly left him unable to practice where he was at, and the group he was affiliated with (which may have been as loose an affiliation as sharing office space only) had no real plans to cover for his sudden departure/ejection.
So: It may range from clear cut abandonment to actual inability to provide care, even if he’d wished to. More facts are needed to see if there is a truly viable case there.
Does your state have a medical council or College of Physicians and Surgeons which have regulatory powers?
If so a complaint to them may be an option. Wouldn’t put any money in your pocket, but it sounds to me like your real concern here is that you don’t think the doctor behaved professionally. That’s what regulatory bodies are designed to review.
There is something hidden in the woodwork here. Ambi. needs more info, as to, what has happened to the doc. If his leaving is not his fault, due to illness or other circumstances beyond his control I can’t see him liable, but that clinic, that is another story. I don’t care how busy they are, they are working in a service capacity and the patient should come first. They could at least have been cordial and apologetic, they should have a contingency plan in place. My dentist was in a car wreck the very week I was to have a root canal, his office called me on a Monday morning to tell me. I was directed to another dentist, who took his most pressing patients. Never missed a beat. My tooth was fixed and everything worked out good. So plans can be and should be in place!
Indeed, but we don’t know how the clinic is set up, if it’s just a loose affiliation of docs sharing a common staff/offices but not covering for each other, otherwise not in business together, etc. Or if it is a tightly intertwined group where they really dropped the ball big time.
Yes, Qad, I agree.
Yes, if it’s just a loose affiliation and Ambi’s doc kept all his own patient records on his own laptop, those records left with him and the clinic may not know anything about Ambi and his prescriptions. If so, they may not have been able to do much more than refer him on.
Or it could be a fully integrated office and they still have all the records, so their obligation could have been different.
Their professional obligation could vary tremendously, depending on their internal structure.
Not meant as legal advice, of course, but just to illustrate that the facts are always important.
FWIW, my records are in a database and fully integrated in their system.
I think you’ll have a hard time getting much even if you were to win the case. The damages are very non-specific and hard to put a dollar amount on. You might get the trip to the er paid for but that’s about it.
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