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  1. #1
    Join Date
    Jan 2017
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    2

    Default Can a Doctor Refuse to Refill Anti-Seizure Medicine

    My question involves (mal)practice in the state of: Arkansas.

    I was diagnosed with seizure disorder, and other disorders in 2006. This PCP has been maintaining meds for those disorders since 2011. In June of 2016 I was also diagnosed with COPD stage 1. He prescribed a medicine that I was able to obtain through the manufacturer's Foundation, but due to his office failing to fill out and fax in the paperwork, my receiving the meds took over two months. He wanted me to make an appointment after I had used it for 30 days for checkup. This I did and the appointment was for November 29, 2016.

    Upon arriving, I found out the PCP had broken his arm over the holiday and required surgery and wouldn't be in his office for at least two weeks. During this time, my Medicare supplement company informed me that my PCP was not "in the network" since he had moved and not updated his information. I had a couple refills left, but I had no indication the hospital he was associated with had updated his information with Wellcare by the time my seizure meds were due for refill again. His office demanded I make an appointment, so I called Wellcare and they set him as my PCP on 1-27-2017.

    I called and made an appointment. By this time, his office had been faxed twice by the pharmacy requesting refills for two scripts and he authorized one for anxiety, but denied the one for seizures. My last meds had been filled 30 days before and, I was able to get an emergency supply on Saturday 1-28-2017 when I found out the PCP's office had not refilled the seizure meds and were evidently waiting for me to show up before doing so! The only meds concerned with during this return visit would be the COPD med, not the maintenance meds for seizures or other disorders.

    Does this not place the health and wellbeing of the patient at risk? Does he have the right to do this?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,939

    Default Re: Can a Pcp Place a Patient in a Health Risk Situation

    No law requires that he continue to prescribe the meds that you have been using for seizure for so long. Whether his failure to renew the meds for you might be medical malpractice is another issue, and without a full review of your medical record it is impossible to answer that. But since you don’t mention suffering any damages from this, you’d have nothing to claim anyway.

  3. #3
    Join Date
    Jun 2014
    Posts
    3,173

    Default Re: Can a Pcp Place a Patient in a Health Risk Situation

    Not that it matters, but you have no proof the pharmacy requested refills on both medications.

  4. #4
    Join Date
    Jan 2017
    Posts
    2

    Default Re: Can a Pcp Place a Patient in a Health Risk Situation

    The question of his right to refill my prescriptions or not was part of the issue. The other part of the issue is that he uses seizure maintenance meds as leverage to force an appointment for the follow-up of another medication (COPD med). I can see he also jumps to conclusions that an appointment has not been made and that it's the fault of the patient when this happens, yet he feels justified in arm-twisting methods to see his patients.

    The pharmacy has always been cooperative. I believe if they thought it was to their advantage they could provide a record of the faxes they sent to the PCP

  5. #5
    Join Date
    Oct 2014
    Posts
    7,939

    Default Re: Can a Pcp Place a Patient in a Health Risk Situation

    Quote Quoting CuriousMind
    View Post
    The question of his right to refill my prescriptions or not was part of the issue.
    You asked in your first post if he had the right to do what he did. What he did was not refill the prescription. As I said, no law requires that he refill the prescription.

    Quote Quoting CuriousMind
    View Post
    The other part of the issue is that he uses seizure maintenance meds as leverage to force an appointment for the follow-up of another medication (COPD med). I can see he also jumps to conclusions that an appointment has not been made and that it's the fault of the patient when this happens, yet he feels justified in arm-twisting methods to see his patients.
    So the issue here is really that you dislike his methods of making sure that you follow-through with his medical advice? Then your remedy for that is finding a different doctor whose methods you like better. Again, there is no law prohibiting him from doing what he did.

  6. #6
    Join Date
    Jun 2014
    Posts
    3,173

    Default Re: Can a Pcp Place a Patient in a Health Risk Situation

    Quote Quoting Taxing Matters
    View Post
    You asked in your first post if he had the right to do what he did. What he did was not refill the prescription. As I said, no law requires that he refill the prescription.



    So the issue here is really that you dislike his methods of making sure that you follow-through with his medical advice? Then your remedy for that is finding a different doctor whose methods you like better. Again, there is no law prohibiting him from doing what he did.
    A new doctor may or may not prescribe you the same medications. A new doctor may or may not require to see you before refilling some or all of your medications. It appears you don't like the way this doctor practices medicine. If that is true, you do need to find a new doctor. This situation may come up again.

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