Legal Question in Disability Law in Florida

My mom is 98 and has been going to the same doctor for approx. 15 yrs. She hasn't been able to keep her Dr. appts. because her legs have been hurting too much to walk. The Dr. won't make a house call and because she can't keep her appts. won't refil her medication because it's a controlled

substance. Can he do this? What recourse does she have/


Asked on 4/26/10, 2:32 pm

2 Answers from Attorneys
Jane-Robin Wender Wender Law, P.A.

Your mother has no recourse as the doctor has no obligation to make a house call. The days of house calls have long ended. Further, under current law, he cannot dispense medicine without doing a current evaluation. She needs to find a way to get to the doctor. A friend, neighbor, family member or a taxi should be consulted. If she is living by herself, either she is shopping for herself (and then can prioritize going to her doctor) or someone is helping (who can take her to the doctor). If she is unable to leave the house and has no help, it sounds like she should be in assisted living or a nursing home, either of which have doctors on call.

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Answered on 5/01/10, 5:11 pm
Angelo Marino Angelo Marino Jr. PA

Drive her, get a cab, call Broward County to see if they have transportation for the elderly.

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Answered on 5/01/10, 7:54 pm


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