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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110540
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My therapist told me I could take extra of my xanax

Customer Question

My therapist told me I could take extra of my xanax perscription because I had to attend my son's father's funeral and it was a rough month she told me to call her before I ran out so I would get a refill. I called the office they denied me refill because my therapist denied she ever told me I would take one and a half twice a day as needed for this months perscription. I called the clinc 4 times to try and reach her. Finally she called back and said she did not remember telling me this, "I don't recall, I don't remember"
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Michigan
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: theres ore
Submitted: 2 months ago.
Category: Legal
Customer: replied 2 months ago.
Later that night around 9 I get a call from the Nurse I explained what happend and she decided she would give me a low dose that would last me 5 days. Today I couldn't attend school because I had such high anxiety from not having my perscription so i called the clinic and asked to speak with the doctor/head of the clinic to get a doctors note for school for today (I was told on the phone to come in) she denied me a written letter from my school and bascially called me a liar saying her therpist didnt say that and wouldnt be authorized to.
Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 2 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.
What is your question for us regarding this matter?
Customer: replied 2 months ago.
Is this negligence on my therapist and doctors end?
Customer: replied 2 months ago.
I've been perscribed xanax for 3 years without my perscription I would get sick and they know that.
Customer: replied 2 months ago.
Can I also get any legal help regarding this situation
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
The legal rule is if it is not documented in the chart it did not happen. Furthermore, your doctor cannot recommend more than a safe dose, but if your therapist says they do not recall and it is not in the chart, without some proof that she did this you would not be able to prove negligence on the therapist's part. So, if you have actual evidence that the therapist told you that you could increase your dose, then you could sue for negligence and malpractice, but if not I am afraid the courts hold that a therapist/doctor have the sole discretion in prescribing or not prescribing medications and they will not disturb that decision absent clear evidence that the conduct was negligent based on accepted medical practices in the field and you would need another doctor as an expert to prove that was the case once you prove she did tell you that you could increase the dose.

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