Q: Can I file a law suit against my doctor for Malpractice?
My doctor denied my prescription refill for my BP when I was out of town. I told him my BP was extremely elevated and he still denied my request. The next morning I went to urgent care with chest pains and shortness of breath. My BP was 198/124. They immediately transported me via ambulance to the emergency room and I was admitted to the hospital and was there for 4 1/2 day. Now I'm on 5 different medication, have to pay hospital bills and possibly lost my job of 13 yrs because my doctor and staff denied my presciption.
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- California
- (916) 704-3009
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- Answered
A:
Based on what you've described, you may have grounds for a medical malpractice case in California. The denial of necessary blood pressure medication that led to hospitalization could be considered a breach of the standard of care, particularly since you informed your doctor about your elevated blood pressure.
To pursue a malpractice claim in California, you'll need to demonstrate that the doctor's negligence directly caused your injuries - in this case, the hospitalization, additional medications, and potential job loss. The fact that you required emergency medical intervention and extended hospitalization strengthens your case, as it shows clear harm resulting from the prescription denial.
You should gather all relevant medical records, including documentation from urgent care and the hospital stay, plus any communications with your doctor's office about the prescription refill. Consider consulting with medical malpractice attorneys who can evaluate your case - many offer free initial consultations and work on contingency fees. In California, you generally have one year from discovering the injury to file your lawsuit, but it's best to start the process soon while evidence is fresh and to protect your legal rights.
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