Q: Can I sue a medical provider for calling me over and over after I terminated their services, and they falsified appts?
I had this medical provider that I was seeing because I wanted to get diagnosed for my mental illnesses that my recent Therapist had pre diagnosed me with. The Doctor I signed up with prescribed me anxiety and depression medication and didn't diagnose me, he just went based off my word of mouth and even then he wasn't very attentive to me. For months he only came by to see me for a minute at the home I was residing in, he would just let himself in my private room even if I was asleep. He wouldn't see me and talk to me, he just asks how I was doing and then leaves. His office would call me out of nowhere and say that I had an appointment with him scheduled, yet I had no knowledge of it. I look on the medi cal online portal to see what's been documented and this doctor falsely documents that he sees me for 30 min which is very false. I've since multiple times have cancelled his services but he has been calling me non stop and it's feeling like harassment and negligence to me.
A:
Based on the information you provided, it seems like you may have grounds for a legal complaint against the medical provider. In California, there are several laws and regulations that protect patients' rights and govern the conduct of healthcare providers. Here are a few potential issues:
1. Falsifying medical records: It is illegal for a medical provider to falsify medical records, such as claiming to have provided services that were not actually rendered. This could be considered fraud.
2. Harassment: If the provider continues to call you repeatedly after you have terminated their services and requested that they stop contacting you, this could be considered harassment.
3. Invasion of privacy: If the doctor enters your private room without your permission, especially while you are sleeping, this could be a violation of your right to privacy.
4. Negligence: If the doctor is not providing adequate care or attention to your needs, this could be considered medical negligence.
To pursue legal action, you may want to consider the following steps:
1. Document all instances of misconduct, including dates, times, and specific details of what occurred.
2. Send a written request to the provider to cease all contact with you.
3. File a complaint with the California Medical Board, which investigates complaints against physicians and other healthcare providers.
4. Consult with a medical malpractice attorney who can assess your case and advise you on the best course of action, which may include filing a lawsuit against the provider.
Remember that pursuing legal action can be a complex and time-consuming process, so it's important to weigh your options carefully and seek professional advice before proceeding.
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