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Is it malpractice for a physician to perform a procedure and…

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is it malpractice for a...
is it malpractice for a physician to perform a procedure and not follow up with you. instead you follow up with his colleagues even if you continue to request to speak to physician that performed procedure.
Submitted: 3 months ago.Category: Personal Injury Law
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Answered in 49 minutes by:
3/27/2018
Personal Injury Lawyer: Attorney Wendy, Attorney replied 3 months ago
Attorney Wendy
Attorney Wendy, Attorney
Category: Personal Injury Law
Satisfied Customers: 1,166
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. Under most circumstances it would not rise to the level of malpractice for a physician not to be available for follow-up appointments as long as colleagues or other members of his practice are handling any necessary follow-up to your procedure. Medical malpractice requires actual treatment that falls below the standard of care for physicians. Though as patients we have personal preferences with regard to who we see to treat our medical needs, most medical practices schedule in such a way that you may end up seeing any one of the doctors on staff there. Some medical practices will even inform you of that in writing upon initial patient paperwork, though that is not likely absolutely required.

I can only imagine how frustrating this must be, not just to not have seen your doctor for initial follow-up, but it sounds like you haven't seen your doctor or spoken to the doctor since the procedure. I would be sure to let the medical practice know, if you haven't already, that you are not happy with this situation and would like to make a formal request or complaint.

I hope this information helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 3 months ago
if the physician cant answer your question and you get charged out of network fee for following up with other doctors. is that fair
Personal Injury Lawyer: Attorney Wendy, Attorney replied 3 months ago

In that situation, I would look to the doctor or practice to reimburse you for the added expense of having to resort to someone else for care. You may also check your network to see if there are any other in-network doctors that you could see. For medical malpractice claims you typically have to experience an actual physical/medical harm rather than a merely economic one, but that does not eliminate the lack of professionalism this doctor appears to be exhibiting. You may want to inquire of his office why he has failed to see or speak with you to rule out illness or emergency on his side and then consider checking your state licensing board for the method of filing ethical complaints against doctors.

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