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Ask California Lawyer Your Own Question
California Lawyer
California Lawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1023
Experience:  Licensed to practice in California
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I retired and moved to Southport NC. I needed a Doctor. I

Customer Question

I retired and moved to Southport NC. I needed a Doctor. I looked online and found what I thought to be a good choice. I went there and got paperwork for scheduling an appointment. After this I received a call from the Dr. Office and said I would not be accepted as a new patient because of a medication I was taking. I went to the office and asked what medicine. The receptionist said it was because I take CLONAZEPAM and it was a pyhcotic medicine. I told her that I knew the medicine was for seizures but the medicine had other uses, my previous Doctor had given it to me for Restless Leg Syndrome, and it has been working for several years. I feel this is discrimination. I feel the Dr. Should of at least seen me to discuss and then refer me if she felt best I go somewhere else. There is a Dr in this small town that is retiring and they have a lot of people trying to schedule to see her. I feel she is picking and choosing, and feel this is discrimination. I think this is wrong to be denied service because of a med. You are taking. Your thoughts please? Phillip
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  California Lawyer replied 8 months ago.


I will try and help, but you probably will not like this answer. Please don't shoot the messenger.

A doctor has absolute discretion to set up their practice any way they want and can discriminate against anyone they want, legally prohibited discrimination excepted (so long as it does not violate contracts with any insurance providers they contract with). They can refuse to have you as a patient if you root for the Atlanta Falcons. They can refuse to have you as a patient if you wear suspenders. And they can refuse to have you as a patient if you take certain medications. This is discrimination (discrimination simply means to choose) but the important thing is that it is not illegal discrimination. In NC, a patient has the right to medical and nursing services without discrimination based upon race, color, religion, sex, sexual orientation, gender identity, national origin or source of payment. Anything else is fair game.

I hope this helps.


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