Honolulu, HI asked in Medical Malpractice for Hawaii

Q: Doctor refuses to treat ADHD with medication an adult who was diagnosed but never treated as child?

If asked to justify their decision with the weighing of the potential benefits vs. potential drawbacks (as the prescribing guidelines say to do) and they refuse or don't justify their decision. What then

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: A Hawaii attorney could advise best, as state health or insurance laws could apply. However, you await a response for two weeks. As a general matter, without regard to jurisdiction, it does not appear to be a matter of medical malpractice, unless the refusal constitutes a beach of duty of medical care. There is not enough information here to make that determination, and such a determination would require a medical opinion anyway. A doctor can't be forced to administer a given modality, approach, or treatment philosophy. If they refuse to use a certain approach, you could seek other medical opinions, and in your consults, you could raise the issue of whether refusal to administer such medication is based on valid reasons and concerns. You should consider seeking the opinions of attorneys in Hawaii for a more meaningful and thorough assessment of the matter.

Tim Akpinar

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