Should I sue my physician, report him to the medical board or both?

UPDATED: Oct 1, 2022

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Should I sue my physician, report him to the medical board or both?

I have been seeing my physician for 25 years. He has been prescribing me xanax for 25 years. 3 mg a day. He has now decided to stop taking original medicare he still takes advantage plans, but I don’t/can’t have one at this time. His advice to me was to stop taking 3 mg a day of Xanax cold turkey. He said I might feel a little unwell, but it WON’T HURT ME. I am epileptic too. Everything I’ve read, the works of Dr. Heather Ashton, all tell me that what he is doing is extremely dangerous. I live in wa state.

Asked on March 21, 2019 under Malpractice Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you can't do either. You say that the doctor no longer takes Medicare, which is his right: he is not required to take any partricular kind of insurance. You don't have regular Medicare: he does not have to keep treating you if he is not paid to treat you--he is not a charity or a public service. If you cannot pay your doctor, your doctor can stop treating you, which includes stopping prescribing for you. You need to either find a different way (Medicare Advantage?) to pay him, or find a new doctor who will take Medicare.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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