Is there legal action I can take? Is there a such thing as patient abandonment? How can a doctor just drop a patient in need?

January 7, 2016

Question

I had a cervical fusion back in 2013, and had some pain and worsening issues a cpl months or so later. I have discs pressing against nerves, and it is extremely painful. Not to mention the limitations I have using my left hand and arm. I have called every surgeon I could find, or be referred to. Yet none will take me as a patient because I had prior surgery done. I'm taking some pain meds which do very little to take away my pain. By the way, my original surgeon decided he no longer wanted to accept medicaid insurance or any kind. So I have and continue to be in horrible pain daily. I'm at the end of my rope here, and just hoping there is something I can do.

Answer

Physicians can't be forced to treat a patient. It may be possible that the original surgery was not done properly (in which case you should be aware the statute of limitations has strict time limits to file a lawsuit), or that you have "co-morbidities" which are making others reluctant to take you on, such as advanced age or whatever. You should get a copy of your operative report and bring it with you when seeing any new surgeon, and you should press for answers when you get turned down when they otherwise accept Medicaid. Good luck.

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