Legal Pursuit

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Area of Law: 

Question: 

Hello, MY name is Ms.Smith. I have a concern regarding an incident with my physician on yesterday. After being a patient for 13 years my patient/physician relationship was terminated due to a false accusation. Every month I am tested to ensure I am taking my medications. Yesterday I had some powder on and some of the particles fail in my urine, which at the time I did not know. After pulling my urine the lab tech and one of the nurses approached me stating they believe I had crushed my medicines in my urine. I explained I has baby powder on and therefore it must have been some powder particles that fail within the cup. I was asked if I would be willing to do a retest but the cup will cost me $7.00. I responded I will do another urine sample and they can come in and watch, in addition, I offered to do a blood test, hair sample, and/or cotton swab to show that I am not falsifying my urine. At that time I was told they would allow me to slide but for future references do not wear powder when coming to be seen by the doctor. I agreed to the instructions. After sitting another four hours I was presented with an envelope that had an enclosed letter stating the doctor has decided to terminate the physician/attorney relationship due to the incident that occurred which involved crushing my medication in my urine. At that time I ask to speak to someone regarding my the letter and was sent to speak with the office manager. The office manager refused to speak with me, instead he sent the appointment scheduler to say there was nothing they could do the doctor makes the final decision. I then asked to speak with the doctor but was refused that option as well. I explained again I was willing to be retested and was told it was fine. I asked if I could continue my therapy there since my current treatment was due to an automobile accident and was told no. Needless to say I left in severe pain. The chiropractor on duty did as well as the receptionist and one of the physical therapist did not agree with the decision(they stated this) but could not do anything out of fear of loosing their job. I am medically disabled now left with trying to find another pain management doctor which will be a huge problem because of a letter that is now deformation of my character. *****PLEASE SOMEONE TELL ME IF THERE IS ANYTHING I CAN DO?*****

Selected Answer: 

DakotaLegal's picture

 

 
 
 
It sounds as though your first concern is to get fair medical treatment. A question for you would be whether going back to the same medical facility “works” for what you want to achieve? To become a patient there again, you can begin to outline (in writing) your desire to settle this in a more fair way, and specifically ask to be re-admitted to the office’s practice. Keep it simple, but send the letter registered. If making any direct complaints on your own to your former medical facility, avoid mentioning any employees who have supported you, because you may need their help later. I always urge people to get someone they trust to look over any letter you write, so you avoid accepting any blame or giving away too many facts or compromising your rights.
 
Set A Goal, Keep A Record
 
If, on the other hand, your goal is to see if they are legally liable for any damages to you, then your approach is much different. Their failure to treat you for the immediate pain you described, which are at first associated with your traffic accident, might raise issues of malpractice. If you think you might qualify for low-income legal help, try here… http://www.atlantalegalaid.org/.
 
You’ll want to keep evidence of what happened physically after their refusal to see you. This includes the pain that was untreated that day, and pain that may have been caused by complications later. Did you have symptoms of pain (specify the part of your body and how long it lasted), and how did that pain affect you? Did it harm your walking, social schedule, intimacy, or duties at work? Did it interfere with your sleep or interaction with loved ones and friends? Get a “diary” and (even though time has passed) write down the facts of this pain. This “diary” is not for personal feelings, so much as it’s for defining how you felt physically. That is, things that can be measured. You can also use a chart to diagram where your pains were. Date the chart so that you can show how long your pain lasted.
 http://theamt.com/meridian_chart_and_map_of_meridians_meridian_points_acupoints.htm.
 
If you recall taking some pain killers, such as aspirin or Motrin, be certain to write this down.
 
Here’s a court case, explaining that in Georgia, almost all evidence is acceptable to show medical malpractice, even if it’s of “slight” weight. http://caselaw.findlaw.com/ga-court-of-appeals/1209108.html. To sue for malpractice in Georgia, though, there has to be an actual injury and not just negligence. Let’s look at the Georgia laws protecting you if you can show an actual injury from the doctor refusing to see you.
 
 
Law Suits And Medical Complaints
 
The reason you were going to the facility may also have something to do with making your complaint, too. It’s interesting that you say you’ve been going there for thirteen years…this makes their attitude interesting. On the other hand, for example, if you are going there entirely on your own (and paying on your own), then they have a direct obligation to you. You may have grounds for a malpractice suit. If, on the other hand, you might (for example) have been referred to the medical facility, then they might also be representing the justice system. If some other source is paying for the treatments, such as Medicare, then you can also pursue a complaint through their system. If you want to begin a malpractice action, here is a full guide, to beginning the process in Georgia: http://libguides.law.gsu.edu/content.php?pid=109552&sid=825479.
 
Once a doctor is told about a problem in their office, they accept some responsibility to treat a patient properly and promptly. Here is a case where a doctor relied on his staff and did not give treatment in an immediate way: http://caselaw.findlaw.com/ga-court-of-appeals/1391540.html.
 

All Comments

DakotaLegal's picture

 

 
 
 
It sounds as though your first concern is to get fair medical treatment. A question for you would be whether going back to the same medical facility “works” for what you want to achieve? To become a patient there again, you can begin to outline (in writing) your desire to settle this in a more fair way, and specifically ask to be re-admitted to the office’s practice. Keep it simple, but send the letter registered. If making any direct complaints on your own to your former medical facility, avoid mentioning any employees who have supported you, because you may need their help later. I always urge people to get someone they trust to look over any letter you write, so you avoid accepting any blame or giving away too many facts or compromising your rights.
 
Set A Goal, Keep A Record
 
If, on the other hand, your goal is to see if they are legally liable for any damages to you, then your approach is much different. Their failure to treat you for the immediate pain you described, which are at first associated with your traffic accident, might raise issues of malpractice. If you think you might qualify for low-income legal help, try here… http://www.atlantalegalaid.org/.
 
You’ll want to keep evidence of what happened physically after their refusal to see you. This includes the pain that was untreated that day, and pain that may have been caused by complications later. Did you have symptoms of pain (specify the part of your body and how long it lasted), and how did that pain affect you? Did it harm your walking, social schedule, intimacy, or duties at work? Did it interfere with your sleep or interaction with loved ones and friends? Get a “diary” and (even though time has passed) write down the facts of this pain. This “diary” is not for personal feelings, so much as it’s for defining how you felt physically. That is, things that can be measured. You can also use a chart to diagram where your pains were. Date the chart so that you can show how long your pain lasted.
 http://theamt.com/meridian_chart_and_map_of_meridians_meridian_points_acupoints.htm.
 
If you recall taking some pain killers, such as aspirin or Motrin, be certain to write this down.
 
Here’s a court case, explaining that in Georgia, almost all evidence is acceptable to show medical malpractice, even if it’s of “slight” weight. http://caselaw.findlaw.com/ga-court-of-appeals/1209108.html. To sue for malpractice in Georgia, though, there has to be an actual injury and not just negligence. Let’s look at the Georgia laws protecting you if you can show an actual injury from the doctor refusing to see you.
 
 
Law Suits And Medical Complaints
 
The reason you were going to the facility may also have something to do with making your complaint, too. It’s interesting that you say you’ve been going there for thirteen years…this makes their attitude interesting. On the other hand, for example, if you are going there entirely on your own (and paying on your own), then they have a direct obligation to you. You may have grounds for a malpractice suit. If, on the other hand, you might (for example) have been referred to the medical facility, then they might also be representing the justice system. If some other source is paying for the treatments, such as Medicare, then you can also pursue a complaint through their system. If you want to begin a malpractice action, here is a full guide, to beginning the process in Georgia: http://libguides.law.gsu.edu/content.php?pid=109552&sid=825479.
 
Once a doctor is told about a problem in their office, they accept some responsibility to treat a patient properly and promptly. Here is a case where a doctor relied on his staff and did not give treatment in an immediate way: http://caselaw.findlaw.com/ga-court-of-appeals/1391540.html.