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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 113361
Experience:  Attorney experienced in commercial litigation.
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I was on a PM Contract with my Alaska PCP years. It was

Customer Question

I was on a PM Contract with my Alaska PCP for 7 years. It was recommended by all that a warmer climate would be better. Less painful and more suitable, I furnished them with my itinerary. I left with 3 months worth of script's and went to Florida. However on the 24 my flight was to leave at 1am, and my script was due to be filled on the 24th. The pharmacy told me to contact my PCP to authorize the script to be filled a few hours earlier. MY PCP didn't authorize. My fear of reaching FL and not BEING able to fill was correct. I had to mail my scripts back to AK for them to be filled and mailed back. From that point on I mailed all my scripts to my AK Pharmacy and had them mailed back
I was due to returm to AK in February for my follow up visit in order to receive my meds. I phoned the PCP making them aware that I would be making an appointment. Unfortunately, I was involved in a car accident 5 days prior to leaving. I had 4 separate surgeries, and on admitting I informed the hospital of my current medication and my PM contract.
Unable to return to AK, I phoned my PCP, requesting my refills stating I was unable to return as stated, yet I asked to have the PCP return my call. bThe nurse called me back stating they where unable to furnish the scripts without a physical visit to the clinic. Oncce again I phone my PCP asking for a return call from my PCP, fore I wanted to inform my doctor of the accident, Basically she never returned my requested call.
Bot***** *****ne each message I left for a call back from my PCP regarding my refills, resulted in a point against me. All I wabted to do was to speck with my PCP. They ended up discharging me from the program for reaching 8 pts.
I feel this was unjustly done,plus I was also told to get a PMP in FL which I did, I went without pain Meds, in the time it took to aquire a new one,.
when I did go back to AK and went to the clinic my dr looked at me as I came in with a walker and medical records in hand. Fore I was attempting to follow my contract requirments.
what can I do to get back on contract now that I'm back in Alaska?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry to say that the only thing you can do is write a letter to your PCP and attach copies of all of the records from your car accident showing the dates and showing that your injuries prevented you from going into the office to honor the PM contract. In your letter you need to explain that you did not willfully break the contract, but you were physically unable to go in as required by the PM contract and you tried to inform them of that but they would not accept the information.
If the doctor still refuses to take you back, your final option is you can sue the doctor for breach of contract, since the PM agreement is a contract and he violated the contract based on you having good cause for not being able to comply and you can sue to get the court to order him to take you back. That is really your sole remaining option.

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