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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110542
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I need to know how to handle a doctor patient problem, I was

Customer Question

I need to know how to handle a doctor patient problem, I was seeing a spine and pain NP at St. Vincent's, I have been going for 3 years and do need surgery on my lower back. On April 13, this NP decided to completely discharge me after a fraudualant call made by this NP, also breaking my spouse's confidentiality and has caused me complete pain and suffering, I need an Attorney that would possibly take this on a contingency basis, thank you, ***** ***** is(###) ###-#### ***** Bullington
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 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.
You need to tell us more about what happened here. Often people come to us either on this site or in our offices "believing they have a strong case" but it many times it is because they do not understand the law itself.
So tell us exactly what happened here so we can see why "nobody seems interested" and try to explain it to you.
Customer: replied 5 months ago.
I went in for a pill count and one of my medications was off, I had explained to the NP this on the phone, he said we would discuss when I came for the count. I live 130 miles away and work at a steel factory nights, very hard and demanding work, I'm a welder/fabricator. I went in that Monday and after he counted the medicines, he told me I had been under the radar for selling and giving my medications away, at that time he told me he had warned me in the past, but that is untrue. I have always had my spouse in each appointment, I would like to say I have seen others in this office and had no problems until this person. The NP would not let me discuss the medication issue and told me we are parting ways, I was scheduled an appointment with the head MD there but come to find out they cancelled my appt., I came home that day and my spouse called law enforcement in our town to investigate, an officer called my wife back and said that was a fraudualant call that nobody has called from the police dept. or the spine and pain center calling the dept., when I was down there also, he brought up my wife saying I had better tell her she is being watched also, a week went by and I heard nothing after putting in writing as the center requested, so I called and spoke to this NP, I asked him why he was lying about all this and said he wasn't, that we must have friends at the sheriff's dept., I don't understand what he meant by all that, he has continued to lie and is making it very hard to get my provider to help me with my medications at this time, please help or find me an attorney that could, thank you
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
Under the law a NP or doctor has no legal duty to continue treating and prescribing medications to any patient with the exception of a true life threatening emergency. This is something many patients do not quite understand and many believe that all doctors or NP have to treat them and prescribe medications, but that is not the law. A doctor or NP can terminate the patient relationship for any reason or no reason at all and the patient has no recourse.
NOW, here is your issue. If the NP is putting known false information in your charts, this is a violation of HIPAA and you have grounds to file a complaint regarding that with the US Department of Health and Human Services. Under the law, HIPAA, there is no private right to sue, the USDHHS is the sole entity with enforcement authority under HIPAA and they must take action. If they find HIPAA was violated, then you have legal basis to sue the NP under your state laws for libel, for writing false information into your medical records and the DHHS would also force those records to be corrected.
Most attorneys will not take this type of case on a pure contingency fee agreement and will want at least some retainer (usually about $2500) to start any case. You would have to get one locally by using the same sites used by other attorneys, or
You need to file the complaint with DHHS first though to strengthen any possible state law civil claim you have, because if DHHS finds wrongdoing under HIPAA, that is proof of a violation for your state case.

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