Is it Malpractice for a Doctor to Be Rude to a Patient
My question involves malpractice in the state of: CA
I'm not sure if this is the right forum, sorry in advance.
I've been having cluster migraines for about 9 months now. They go for hours, break off, and start again. Extremely debilitating and I can't function like I used to. I made it through for the first few months but they got progressively worse...to the point they were hitting me so hard and for so long I was suicidal/depressed. Finally went to urgent care after multiple doctors refused to help. They gave me an anti seizure medicing (topamax) and I was relatively migraine free after the first few weeks (a few here or there). They also got me in with a new doctor at the clinic.
I saw this doctor about 2 months ago. He agreed the topamax was the best treatment and was going to call in a refill. A few days went by and no refill. I was running out of the urgent care one. I called the doctor and reception said no, I needed another appointment and that I couldn't talk to him or the nurse. I kept trying. Urgent care wouldn't refill it for more than 10 days (soonest the doctor could see me was a month later). I called twice a week trying to get through to the nurse...even the pharmacy requested refills via fax and it was all rejected. I ran out and the migraines flared again. Went to the ER several times and they wouldn't refill it either...said I should wait for my primary.
The appointment came. I showed up a few minutes late (and by a few it was only 3 minutes, on the dot). Reception said I'd have to reschedule. I was exhausted at this point and did (have to wait another month and a half).
By some miracle I got in through a cancellation list about a week later and went to the appointment. I expressed concern to the nurse about reception and she apologized.. gave me her extension and said she'd look into it.
Doctor walked in. Immediately he lays into me about how if I'm not happy with the care I'm getting I can leave or find another doctor. I was stunned, I hadn't even said hello to the man and the nurse and I had been having a pleasant conversation about failed technology and crossed wires. I wasn't even mad, just frustrated with the pain.
He continued to yell at me, aggressively felt my belly (I had never complained of pain) and looked at my eyes and in my mouth (all while yelling at me about my "unhappiness" with the care I was getting) and at the end threw his hands in the air and said he'd refill it once but that I needed appointments. Wouldn't let me explain anything of what happened.
I don't think this malpractice but are doctors allowed to be that abusive for no reason? I was bawling my eyes out and couldn't get any words out to even ask him about my blood work (he had ordered tests the first visit) or tell him about the auras that had started.
He also hasn't called in the refill. Again.
Any advice is welcome. I don't know what to do at this point. The only other doctor in my small town taking new patients is booked until the end of november.
Re: Medication Refill/Aggression
Unfortunately, it's not against the law for a physician to be a jerk, but if he repeatedly tells you he's going to prescribe x and then fails to call it in as he said he would, you may be able to file a complaint with the state medical board.
Or you could try and get an appointment with the other doctor, or seek help in another town.
Try and remain calm in the meantime- being overwrought will only make the migraines worse.
Re: Medication Refill/Aggression
Why didn't the doctor write you a prescription when you saw him ? Doctors don't call in prescriptions, nurses and other designated persons do. Chances are you did complain about the care you were receiving when you kept calling in for the refill. Often when we are frustrated, we don't realize everything we say or the tone of voice we say it in. You need to find another doctor.
Re: Medication Refill/Aggression
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Mercy&Grace
Why didn't the doctor write you a prescription when you saw him ? Doctors don't call in prescriptions, nurses and other designated persons do. Chances are you did complain about the care you were receiving when you kept calling in for the refill. Often when we are frustrated, we don't realize everything we say or the tone of voice we say it in. You need to find another doctor.
Some do. Mine does, using his laptop, right there in the room when he's with me, and it goes out to the pharmacy. It's all part of electronic medical record. By the time I reach my pharmacy after my doctor's appointment, my prescription is ready for pickup.
OP didn't indicate whether his/her doc does this, though.
More docs are using electronic prescriptions because there's far less chance of forgery or fraud.
Re: Medication Refill/Aggression
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geek
Some do. Mine does, using his laptop, right there in the room when he's with me, and it goes out to the pharmacy. It's all part of electronic medical record. By the time I reach my pharmacy after my doctor's appointment, my prescription is ready for pickup.
OP didn't indicate whether his/her doc does this, though.
More docs are using electronic prescriptions because there's far less chance of forgery or fraud.
Ditto. They're awesome at that.
I do think that however that the best form of protest might be for the OP to find another provider and take his/her business elsewhere.
Re: Medication Refill/Aggression
I am still handed my prescriptions. On the other hand, I only have only one doctor that the NP uses a laptop. The doctor reads the paper that was printed out before he puts it into a regular paper file. I have found that the doctors that have a laptop in front of them don't lsiten as well as those that don't an still write their notes by hand. I had one doctor that couldn't take her eyes off of her laptop. I got up and walked out in the middle of an appointment and left her sitting there and never looked back. I'm 63. I remember when doctors would listen to you and look at you while you were talking to them and they were talkng to you. I also remember doctors making house calls. I have my PCP's home phone number. He knows I don't call unless it is important and he always talks to me. I've been his patient since he first went into practice back in the 80's.
Re: Medication Refill/Aggression
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Dogmatique
Ditto. They're awesome at that.
I do think that however that the best form of protest might be for the OP to find another provider and take his/her business elsewhere.
That's the way I'm inclined (which is why I mentioned it). The best protest is the one you do with your feet.
If the OP is in a small town in California, there are lots of other towns- it may mean a drive or bus ride of some duration, but when it comes to your health, that's what you have to do.
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Mercy&Grace
I am still handed my prescriptions. On the other hand, I only have only one doctor that the NP uses a laptop. The doctor reads the paper that was printed out before he puts it into a regular paper file. I have found that the doctors that have a laptop in front of them don't lsiten as well as those that don't an still write their notes by hand. I had one doctor that couldn't take her eyes off of her laptop. I got up and walked out in the middle of an appointment and left her sitting there and never looked back. I'm 63. I remember when doctors would listen to you and look at you while you were talking to them and they were talkng to you. I also remember doctors making house calls. I have my PCP's home phone number. He knows I don't call unless it is important and he always talks to me. I've been his patient since he first went into practice back in the 80's.
Hey...I hear ya...I'm 56, and when I was small, my doctor would come to the house (apartment) when I was really sick with tonsillitis or strep throat, and Mom called him. He'd always show up.
He was a great guy- he'd really sit and listen. Today, they are less inclined to do so, but I think that's more because of the restraints placed on them by the insurance companies. Some doctors are banding together in organizations like unions or professional guilds, but most are still very much controlled by the insurance industry.
One of my doctors has an especially bad rapport with patients, but he has been my specialist since we were both in the Navy! And I know the guy really knows his stuff, so I've been with him since the early 90's. He's so bad at patient rapport that he always forgets how long I've been with him. I don't take it personally :rolleyes: He's good at his job- and to me, that counts!
-ps- my laptop GP is pretty good, too. I used online patient ratings to help narrow my decision to go to him (that's a hint to the OP)