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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110573
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How can a patient seeing a family practice physician get justice

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How can a patient seeing a family practice physician get justice for being treated as less than human, the doctor knows I am handicapped and genuinely suffer from vicious anemia, recurring UTIs, and a possible breast implant rupture. I became really sick 2 or 3 nights ago, after he called me to say I had a highly resistant UTI, and switched my antibiotics to combat the situation. I became weak, listless, nauseated, vomiting, high fever (102), and became unresponsive. My fiance panicked and called the doctor's answering service, without me knowing, to ask for medical advice. The doctor called my fiance back, and rudely accused him of wasting his precious family time, and accused me of abusing his after hours answering service. In the 4 years this doctor has taken care of my health, his answer service has been called maybe a total of 3 times. I also know that he gave my ex husband, my medical records without my consent, my ex told me this. Now this jerk doctor sends me a dismissal letter, saying I need psychiatric help, and scolded, humiliated, and scorned me because I received a gift that paid for me to get a facial rejuvenation treatment, called Juvaderm done in his own office. Can't a woman who is as sick as me, get something done to make herself feel attractive, as a gift, without being humiliated by a physician who just happened to believe all the lies my ex said about me, which were proven to be lies in the courts of Arizona?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

First, you need to get to a new doctor, because for any medical malpractice case you are required to have a medical expert affidavit attesting that the conduct of the previous doctor or doctors was negligent and thus malpractice. Without a medical expert attesting to this, then you could not sue for malpractice I am sorry to say. This goes for your cosmetic surgery issue as well as this latest issue about your doctor refusing to treat you or at the least send you to the Emergency Room if you were in as bad of shape as you say (which is what he should have done).

Finally, the release of medical records, your attorney would have to sue him under the breach of duty of confidentiality, because under HIPAA there is no private right to sue. However, you can file a complaint against the doctor with the US Department of Health and hospitals as they are the only agency with the authority to investigate and enforce HIPAA violations.

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This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as or or to find a local attorney to get actual legal advice in all matters.
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