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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Personal Injury Law
Satisfied Customers: 18585
Experience:  B.A.; M.B.A.; J.D.
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I was involved in a car accident in Sept 2007, developed and

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I was involved in a car accident in Sept 2007, developed and diagnosed with severe panic & anxiety disorder with agoraphobia. I began treatment with my primary care physician for this, and was prescribed Lexapro and Klonopin as a treatment regimen to combat
the panic attacks and manage my anxiety level. At first my doctor was very understanding, but not much time elapsed until he began making inappropriate comments to me, including isnuating that I was no longer suffering from panic and anxiety attacks, which
was certainly not the case. He accused me of abusing the medications, including making such remarks in front of other patients and office personnel, which was extremely inappropriate. Last year, my Mother, Grandmother and Father In Law were all diagnosed with
cancer, which raised my stress and anxiety levels 100-fold. My doctor was aware of this, and in March 2014, he "dropped me" from his practice, did not give me any referrals, no refills on my medications. I am a Medicare recipient and am on Social Security
Disability and have been since July 2008. I filed a case against him with Medicare's QIO Office, and after numerous attempts to get his office to submit my medical charts, he never sent them, and as a result, Medicare ruled in my favour that I could sue him
under Medicare's quality care regulations, and took back all Medicare payments made to his office for my visits from 2011 to 2014. His actions caused a great deal of emotional distress, and my condition significantly worsened. I would like to know how can
I sue this doctor for mental anguish/emotional distress. How much can I sue for, and what type of attorney do I need for this type of case? Thanks in advance for your help.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I was involved in a car accident in Sept 2007, developed and diagnosed with severe panic & anxiety disorder with agoraphobia. I began treatment with my primary care physician for this, and was prescribed Lexapro and Klonopin as a treatment regimen to combat
the panic attacks and manage my anxiety level. At first my doctor was very understanding, but not much time elapsed until he began making inappropriate comments to me, including isnuating that I was no longer suffering from panic and anxiety attacks, which
was certainly not the case. He accused me of abusing the medications, including making such remarks in front of other patients and office personnel, which was extremely inappropriate. Last year, my Mother, Grandmother and Father In Law were all diagnosed with
cancer, which raised my stress and anxiety levels 100-fold. My doctor was aware of this, and in March 2014, he "dropped me" from his practice, did not give me any referrals, no refills on my medications. I am a Medicare recipient and am on Social Security
Disability and have been since July 2008. I filed a case against him with Medicare's QIO Office, and after numerous attempts to get his office to submit my medical charts, he never sent them, and as a result, Medicare ruled in my favour that I could sue him
under Medicare's quality care regulations, and took back all Medicare payments made to his office for my visits from 2011 to 2014. His actions caused a great deal of emotional distress, and my condition significantly worsened. I would like to know how can
I sue this doctor for mental anguish/emotional distress. How much can I sue for, and what type of attorney do I need for this type of case? Thanks in advance for your help.

Response: I am sorry to read about your difficulties. You can file lawsuit against the Doctor for Intentional Infliction of Emotional Distress. However, in order to prevail on a claim of Intentional Infliction of Emotional Distress, you need to show that (1) the Doctor acted intentionally or recklessly; (2) that his actions were extreme and outrageous;(3) that his actions were the cause (4) of your severe emotional distress, which may be evidenced by you going to doctors for medical treatment. If you cannot prove all the four factors above, you would not prevail in your lawsuit.
You may use the sites below to try to find a local Attorney who handles civil litigation/personal injury cases to assist you with the case.
http://www.lawyers.com
http://www.justia.com
You may also consider filing complaint against the Doctor with PA Board of Medicine:
http://www.dos.pa.gov/Pages/File-a-Complaint.aspx#.VV2eVrlVhBc

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