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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3917
Experience:  30 years of experience
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I had a bad experience with a physician resulting in a will

Customer Question

I had a bad experience with a physician resulting in a will not service letter from the practice. I have never had any issues with this practice in my over 25 years as a good customer with them. Always paid my bills and etc. I do believe the appt started out very unprofessional and that I also could have handled some things better myself. I was quite ill the day I was seen. What can I do about this? I have no way to prevent this letter in my file.
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience, including 18 years of extensive experience in the regulation of licensed health care professionals. I hope to provide you information that will help you in resolving your question. This is a difficult situation because a physician has the right to "fire" a patient if they so choose (as long as it is not for a discriminatory reason). So there is nothing illegal or unethical in the physician, ot the practice group, from withdrawing from providing treatment, as long as they provide you sufficient notice (normally 30 days) to find substitute care. That being said, physicians do have ethical and legal obligations to act in a patient's best interest and to act in a professional manner. The question is what are your goals in regard to your care going forward? Do you wish to try to repair the relationship with the practice or are you happy to go elsewhere and just want the no service letter removed from your file? This is not so much a legal issue, because there is very little (based on your description) that suggests actionable conduct on the part of the physician. Therefore, depending on your goals your tactics going forward will differ. If you wish to try to repair the relationship the best way to do that is to write a letter to the physician, apologizing (even if you were in the right) and explaining that your illness had you out of sorts. If your goal is to move to another group and just have this letter removed that actually may be easier. First it is highly unlikely that the current group would include the letter or reason for the cessation of the relationship in your medical records. The issue has nothing to do with your care or medical conditions and is irrelevant to the next group. Also including it in the records could open the current practice up to liability for defamation of character. The risk of that liability (no matter how small) is not worth including irrelevant information in your file. Second, today, in most is not all states, the patient is entitled to a copy of their medical records. They can be received directly by the patient without another physician involved. You may need to pay for the reproduction of the records but you are entitled to them. Once you have control of your record you can review them, and take them to your new physician directly. Lastly, if you feel that the physician's overall conduct (including your dismissal as a patient) was unprofessional you can file a disciplinary complaint with your State Board of Medicine. The Board may or may not take disciplinary action, BUT they will look into the matter and the physician will receive an inquiry as to their position of the event. You have a right to make that sort of complaint if you feel that it would be helpful to you. I am sorry that this response does not provide you a definite positive resolution for your problem. But this is one of those difficult situations where the law lacks the ability to resolve the disagreement. I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck. Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing. Kind regards,Gerald