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Old 06-02-2015, 07:45 AM   #1
sarahjames101
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Default Can I sue the doctor for not giving medication?

I suffer from migraine issues for a few years now. This issue comes and goes occasionally. Last week, while my primary doctor was out of the city, I was hit with severe migraine. It was very bad, that I had to meet a doctor. As my doctor was out of the station, I went to another doctor as recommended by one of my hubby’s colleagues. When I reached there, he was about to leave and didn’t care about my misery. My husband and I begged him to do something, but he left without examining me. My husband rushed me to a hospital a little far away, while I was dying with pain. Finally, we could meet another doctor, who gave me medicine and I was back to normal after a little while. My husband was furious about the other doctor’s action and want to file a lawsuit against him for malpractice. He contacted lawyers Sommers and Roth in Toronto and they agreed that this is definitely a medical malpractice case. Although I suffered with his actions and agree with my hubby’s anger, I am not sure if we should proceed with the lawsuit. I would like to know what others have to say about this situation.
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Old 06-02-2015, 09:36 AM   #2
AFFA
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Default Re: Can I sue the doctor for not giving medication?

I wish to inform you that a doctors action may amount to medical malpractice if he had refused to treat for reasons which are not legitimate. Generally reasons like because of age, gender, marital status, medical condition, national or ethnic origin, physical or mental disability, political affiliation, race, religion, or socioeconomic status may amount to medical malpractice. As doctor had refused because his clinic time was over thus you may not make him liable for malpractice.

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Old 06-02-2015, 09:02 PM   #3
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Default Re: Can I sue the doctor for not giving medication?

Even if you had a reason to sue, you have no real damages. An empty and expensive victory.
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Old 06-03-2015, 03:29 AM   #4
goddessoflubboc
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Default Re: Can I sue the doctor for not giving medication?

He was not your doctor, you apparently didn't have an appointment, and you weren't in a life or death situation. I used to get migraines, I know it can feel like you're dying, but you're not. You then got treatment. No harm, no foul.

I'm quite surprised an attorney felt there was a case, unless there are facts we've not been given. I'm assuming they require a retainer and don't work on contingency.
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Old 06-04-2015, 04:34 PM   #5
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Default Re: Can I sue the doctor for not giving medication?

Quote:
Originally Posted by sarahjames101 View Post
I suffer from migraine issues for a few years now. This issue comes and goes occasionally. Last week, while my primary doctor was out of the city, I was hit with severe migraine. It was very bad, that I had to meet a doctor. As my doctor was out of the station, I went to another doctor as recommended by one of my hubby’s colleagues. When I reached there, he was about to leave and didn’t care about my misery. My husband and I begged him to do something, but he left without examining me. My husband rushed me to a hospital a little far away, while I was dying with pain. Finally, we could meet another doctor, who gave me medicine and I was back to normal after a little while. My husband was furious about the other doctor’s action and want to file a lawsuit against him for malpractice. He contacted lawyers Sommers and Roth in Toronto and they agreed that this is definitely a medical malpractice case. Although I suffered with his actions and agree with my hubby’s anger, I am not sure if we should proceed with the lawsuit. I would like to know what others have to say about this situation.
The best ones to judge whether you have a strong claim for lawsuit would be the lawyers you consulted with -- and not strangers who do not know the facts of the case, Canadian law, know the particulars of what constituted medical malpractice than an expert the lawyers would hire can and would say -- and what a jury would likely award.

Don't go to strangers for your situation, but get your advice from the lawyers who you consult with. Their opinion is worth something. A stranger's is not.
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Old 06-04-2015, 04:34 PM   #6
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Default Re: Can I sue the doctor for not giving medication?

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Even if you had a reason to sue, you have no real damages. An empty and expensive victory.
How do you know? The individual met with lawyers who say she does. Who are you to substitute your opinion for theirs?
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Old 06-11-2015, 02:33 AM   #7
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Default Re: Can I sue the doctor for not giving medication?

A medical malpractice case involves a mistake or error by a medical professional that damages or harms a patient. Medical malpractice is when a doctor or another medical professional does something or doesn’t do something that causes an injury or some harm to the patient. The medical professional’s act or failure to act (called an “omission”) is called “medical negligence.” The Doctors act towards you can definitely be cited as medical negligence. You can definitely file a Medical malpractice suit against the doctor, who refused to give proper health care treatment. You should be able to prove that even though the time of his duty was over, he had not left the hospital premises. He had ignored his primary professional responsibility of not giving treatment to a patient in an emergency situation and his negligence towards you caused more damages and further harm.
Seek assistance of a competent attorney in this regard.
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Old 08-03-2015, 06:13 AM   #8
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Default Re: Can I sue the doctor for not giving medication?

You should contact with the experienced medical malpractice attorney. He will advice you according to your law.
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Old 08-04-2015, 03:33 AM   #9
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Default Re: Can I sue the doctor for not giving medication?

Seriously, you are going to claim a doctor must prescribe pain medicine as a matter of law? Take an aspirin and call me when your reality check stops bouncing.


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How do you know? The individual met with lawyers who say she does. Who are you to substitute your opinion for theirs?
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Old 08-04-2015, 03:55 AM   #10
goddessoflubboc
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Default Re: Can I sue the doctor for not giving medication?

Nothing in the fact pattern given by OP suggests she has damages - which are the point in a case like this, even way up there in Canada.

Now if she said she was alone, driving herself, and suffered auras and other visual disturbances (provided the dr knew this) then she *might* have a case.

A doctor refusing to give meds to someone walking in off the street, having no medical history, is practicing the polar opposit of malpractice.
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