Legal Question in Medical Malpractice in Florida

Doctor Refusing Proper Treatment May Cause Death

Hello and thank you for taking my question. My 70 yr old mother has a rare blood disorder and was given chemo drugs that almost killed her I knew there was a better alternate drug for her but the doctor did not want to give it to her at that time. I had news of a drug that is used to treat my mother's condition and I had to fight the doctor to get him to prescibe it. He wanted to just send her home to die. He wrote her a perscription for one week only of the drug and she has already made a dramatic improvement while taking it. My question is if the doctor refuses to give her this drug what are her rights? Is there any legal recourse?

Thank you.


Asked on 3/05/02, 12:14 am

1 Answer from Attorneys
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Re: Doctor Refusing Proper Treatment May Cause Death

You did not note what the drug is and the doctor's rationale for not prescribing it.

Look at the following web sites:

Florida Statue 456.41 Complementary or alternative health care treatments.--

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0456/Sec41.htm

381.026 Florida Patient's Bill of Rights and Responsibilities.--

http://www.doh.state.fl.us/mqa/Profiling/billofrights.htm

http://detnews.com/2002/editorial/0201/13/a13-389247.htm

Specter's 171-page "Health Care Assurance Act" is Title VI, which authorizes patients to consent to or refuse medical treatment. But the act also says ... "Nothing in this subsection shall be construed to require that any individual be offered, or to state that any individual may demand, medical treatment which the health care provider does not have available, or which is, under prevailing medical standards, either futile or otherwise not medically indicated."

You do have the right to seek a second opinion and/or change doctors without getting the present doctors permission and you can also do this without his/her knowledge and this cannot be denied by the insurance company.

Hope this help

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Answered on 3/05/02, 4:33 am


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