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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117440
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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i recently injured my neck, i was refered to a pain specialist

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i recently injured my neck, i was refered to a pain specialist who refused to treat me as i was taking warafin and anti-depressants and anti anxiety medication.
she dismissed my cardiologists approval and offered no alternatives or even discuss my injury .she went so far as to humiliate me in front of one of her staff.
since then i was prescribed a muscle relaxant that reduced my head and neck pain to a managable level, by a doctor who s only examined my med. chart. he did not even have to examine any thing but my records
is there any recourse i could take to make up for 6+ months of pain and suffering?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In order to hold the doctor liable for not properly treating you I am afraid you will have to get to another doctor to examine you and the doctor will have to review the first doctor's actions and determine that they were negligent in that they were below the reasonable standard of care for a doctor with her training and experience. This is the requirement for any type of malpractice case. Unless you have a doctor willing to sign a expert report stating the first doctor was negligent, then legally you would not be able to file suit against the first doctor simply for refusing to prescribe medications, since there is no law that mandates that any doctor prescribe medications. Even though your cardiologist said it was okay to prescribe the medications, you still need a doctor to sign an affidavit/expert report stating how the first doctor was negligent in failure to prescribe despite the approval from your cardiologist.

If you get this expert to agree that your doctor should have prescribed the medication and failure to do so was below the reasonable standard of care, then you would have grounds to sue for malpractice and seek your pain and suffering damages.

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