Portland, OR asked in Insurance Bad Faith, Insurance Defense and Medical Malpractice for Oregon

Q: Family member refused insurance medical services and medication, income limit guaranteed to be met. Need help saving him

Dr refusing treatment and medication due to a missed urine test and discriminated against due to assuming drugs have been involved with no criminal background or past experiences this man will die soon without help

1 Lawyer Answer
Virgil Royer
Virgil Royer
  • Salem, OR
  • Licensed in Oregon

A: Thank you for the question. I hope that this man will get help soon to prevent a death. It seems like there must be much more to the story raised in the question. Medical doctors swear to an oath to "Primum non nocere" (First, do no harm). First, it has to be established that the doctor owes a duty to this man. Is he his patient? Do they have a relationship that would require this doctor treat him? Is it conditioned on the patient passing an urine test? Second, it sounds like the medical doctor is concerned that the patient is addicted to painkillers. If that is the case, it should be easy to convince the doctor otherwise if there is a clear misunderstanding. However, if the patient is addicted to painkillers, then that is another issue--a serious issue. Last, it will be very difficult to use the law to force a doctor to treat someone. The patient may need to seek another doctor to help. He should be candid about the first doctor's reason for non-treatment. You should have this man consult with an attorney immediately if he wants to pursue this matter. There may be time limitations, so it is important to not waste any time. I wish him the very best and hope the necessary help is provided to avoid a devastating outcome.

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