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RobertJDFL
RobertJDFL, Attorney
Category: Personal Injury Law
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A few weeks ago a lawyer here told me I had no case against A

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A few weeks ago a lawyer here told me I had no case against

A few weeks ago a lawyer here told me I had no case against my doctor. He put me on large doses of narcotics and valium (i do have back problems) and then he cancelled all my prescriptions. I have been living in agoney and withdrawal for weeeks. Furthermore he also discontinued my valium abruptly and that can be life threatening. I just can't understand how a doctor can do this kind of thing and suffer no consequences.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question.

Medical providers, like other professions are held to a standard of care to their patients. If they fall below that standard, and cause harm to their patients, it is possible that they can be held liable for malpractice.

If a patient sustains injury due to a negligent order to cut off the patients narcotics prescription, the doctor could be liable for malpractice.

But, the question is one of reasonableness. If the doctor cuts the patient off and it is considered reasonable to do so, then the doctor is not negligent.

Further, a patient's injury needs to be relatively significant for a medical malpractice case to be worth pursuing because the cost of prosecuting such a case is expensive. This is because it takes expert testimony from other medical doctors to demonstrate that your doctor breached the standard of care when they cut you off. There would also generally be a large amount of discovery and depositions that would need to be done in a typical medical malpractice case.

Thus, while the doctor may have been negligent in what they did (and I cannot say whether they were or not, at the very least, a second opinion of another physician would be needed) unless you suffered significant harm, a lawyer simply isn't likely to take your case because there would be no damages to recover -the costs and expenses of taking on such a matter would be greater than any possible award, in other words.

One thing you could consider doing, if you haven't already, is filing a complaint with the Department of Licensing and Regulatory Affairs against your doctor.

http://www.michigan.gov/lara/0,4601,7-154-35299_63294_27647---,00.html

RobertJDFL, Attorney
Satisfied Customers: 10260
Experience: Experienced in multiple areas of the law.
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