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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110472
Experience:  Attorney experienced in commercial litigation.
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I was in the hospital & I was not satisfied with the care plan

Customer Question

I was in the hospital & I was not satisfied with the care plan or lack of care plan from the Dr. & I requested on several occasions 3 times to be exact that I do not trust the care given & I no longer want you as my doctor but I was forced to continue receive care over signt from the same Dr. (I made request to my nurse, case manager) I was told I needed to tell the Dr directly & her final response was hopefully you will be discharged so I will not need to change Dr. What recourse of action & is the Dr able to get away with this treatment even though I have been discharged???
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 6 months 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.
In order for you to have any claim you had to suffer some actual harm from the care received by this doctor? Also, what state are you in, because many states require you have another qualified doctor write a report stating that this doctor's care was negligent?
Customer: replied 6 months ago.
I am in cali...?
Expert:  Law Educator, Esq. replied 6 months ago.
Did you suffer any actual injury from the treatment?
CA requires you have a medical expert testify at trial as to what the doctor did that was below the reasonable standard of care.
Customer: replied 6 months ago.
So basically she gets away with continuing my care after I requested to have Dr removed & basically I really dont have a right.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
If you did not receive what you went in there to receive, but you were not injured you can dispute the bill with the provider and hospital, but in order to sue anyone for malpractice you must have a medical expert and you must prove actual damages that you suffered as a result of her care. You had a right to refuse to allow her to treat you and check yourself out AMA if they refused, but as far as a malpractice suit, damages are a part of the claim and without damages the court cannot award you anything.

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