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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117447
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have a Family Dr. I have been going to years. The last

Customer Question

I have a Family Dr. I have been going to for 5 years. The last visit I told him I had stomach pain and passing blood since April. He just stared at me. This condition has gotten far worse but his office staff keep telling me they can't get me back in until January 2016! They tell me people cancel "all the time" and they will call me then, but they never call. I call several times a week but can't be seen. I can't afford an ER visit as I am on disability. Over the years he has always said to come in if I needed to and they would fit me in but I have been trying since the end of July and it is now mid September. Is this legal in North Carolina? Thank you for your time, it is greatly appreciated.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year 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.

If you are having stomach pain with bleeding, this is a condition that can be deemed emergent and if your doctor is not seeing you or telling you to go to the emergency room (I know you said you cannot afford it, but the failure to go could be much worse than having to pay what your insurance will not cover), then that would be malpractice on the part of the doctor which the doctor could be sued for.

You need to at the very least find another doctor who will see you and take your insurance, even if you cannot get to the emergency room, and you need to first find out what is causing your condition. Once that determination is made, if your doctor was negligent in not seeing you for this condition, then the next step is going to a local attorney to file suit against the doctor for malpractice. But no matter what you must go to another doctor immediately and find out what the cause of your medical issue is as soon as possible.

Expert:  Law Educator, Esq. replied 1 year ago.

Please do not open new questions for any follow up questions, please use REPLY to my answer here. Thank you.

You asked:

Thank you for your quick reply but the question I had was can they just refuse to schedule an appointment with me sooner than January? They have told me to go to an ER and they know I can't afford to can they just refuse to see me for 6 months? Do they have a legal right not to give me an appointment when it is so important? Am I wrong in expecting them to fit me in and see me?

I am afraid that a doctor can refuse to schedule an appointment with any patient, they are a private business. But if you have a condition that needs care, they can refer you to an emergency room. If a patient is not happy with the service they are receiving from their doctor, they have a right to go elsewhere, but there is no law that forces a doctor to schedule an appointment at any time I am sorry to say.