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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I want to sue my Dr....he has been rxing me increasing and

Customer Question

I want to sue my Dr....he has been rxing me increasing and exorbitant amounts of opiates with an agenda to have a sexual relationship. We were involved many years ago...when I ended it he preyed on my vulnerability... Knowing I have Raynaud's.. Spinal surgery pain,etc.I'm trying to taper off this evil drug so another Dr. will treat me..as of now no one will give me the amount and combination of drugs to to the dangerous nature. He rx'ed when I had a breakdown due to the loss of my daughter... I told him I felt suicidal.. He said sex would make me feel better.Narcissistic and dangerous. Please help
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

Physicians that enter into a sexual relationship with their patients risk punishment by the medical board. You can report your physician here: https://www.health.ny.gov/professionals/doctors/conduct/file_a_complaint.htm (Doing this can result in suspension or revocation of his license, a fine, or even potentially reporting the matter to law enforcement, it will not result in monetary compensation for you, but it does not require a great deal of investment (time, money, or effort) by you).

If you do decide to sue your physician, I would strongly encourage you to speak with a professional malpractice attorney (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment).

You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Customer: replied 1 year ago.
Do you feel I have a case? I'm paying just to be told to see a lawyer? Not trying to be rude but that really isn't helpful....I came here instead of finding a lawyer for answers
Customer: replied 1 year ago.
I realize this is a business but that information was obvious.....I need to know if I have a case and if I need to switch Drs. before.I'm in a catch-22 here. My life is ruined..my health and dignity
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Based only on what you posted (your physician has forced a sexual relationship on you, and done so using prescription of a narcotic), yes, that would constitute a claim.

But telling you that you have the basic elements to support a cause of action, and giving you a formal legal analysis of your case are two different things (discussing the various specific elements of your case, any applicable defenses, the time that it takes to prosecute such a case, how much it will cost, and what your risks are (prosecuting a case based on what essentially is rape can be emotionally traumatic)). You need a local attorney to do this for you, which is why I tried explaining that to you.

(Our forum is a "general legal information" forum and there are limitations to what we can offer over the internet, a formal case evaluation and consultation, and requires more detail than a "Q&A" forum can provide, and we are not permitted to engage in the practice of law on the forum).

Customer: replied 1 year ago.
Thank you
Expert:  CalAttorney2 replied 1 year ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill

Customer: replied 1 year ago.
I cannot afford anymore. I live on SSI disability... But I will take the advice given
Expert:  CalAttorney2 replied 1 year ago.

(You can make the report to the Medical Board for free - as I noted, the Board will investigate and administratively deal with your physician.

I understand you are still going to have to look for a new doctor, but getting yourself away from an abusive relationship is part of a healing process).

(For this forum, a positive rating here does not cost you anything more, it simply permits me to be compensated from the money you already paid to the site).