What are my rights if my doctor ordered me the wrong prescription formula and it cost me $150?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if my doctor ordered me the wrong prescription formula and it cost me $150?
I am writing to determine if I have a claim against my current neurologist. My neurologist sent a 3 month supply prescription to a retail drugstore chain. However, it was for the extended release of my medication. I currently take the generic regular dose version, twice a day. The doctor and I never discussed this change in the prescription. I received a bill in the mail from for $150. When I explained this mistake to the doctor, he told me to take the medicine. I relayed that I did not want to switch. Advise?
Asked on July 21, 2010 under Bankruptcy Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You probably do not have a claim against your neurologist, if he proscribed what he felt was a medically appropriate prescription for you. In that event, there would be no malpractice; and if you did not discuss the matter with him, so that he went against your expressed wishes, there would be no other claims. This may, unfortunately, be a case where you have to absorb the extra cost or loss, but consider strongly changing physicians. Not everytime there is a bad or undesirable outcome or expense is there necessarily recourse against someone else for reimbursement or compensation; this most likely is one of those times. (Of course, if you express that you are willing to change physicians--which you'd have had to effectively do anyway if you were able to bring a claim against him--he may be willing to absorb the extra cost to avoid losing a patient and bad word of mouth.)
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.