Lawsuit for abandonment against the doctor


Problem: Janet suffers from a variety of pain-producing illnesses, including migraines, fibromyalgia, and low back pain. To deal with the pain, she takes several narcotic medications, sometimes in amounts that exceed her physician's recommendation. Recently, she began calling her primary care physician, Dr. Henry, for early refills of her prescriptions. Each time she offered a different explanation: her prescription had been lost or stolen, she dropped her bottle of pills in the toilet, etc. On the last such call, Dr. Henry refused to speak with her and instructed his receptionist to tell her that she needed to find another physician. Janet called several other local providers but was unable to find anyone to see her. A few days later, she was rushed to the emergency room in excruciating pain. After she was stabilized, she brought a lawsuit for abandonment against Dr. Henry. What is the likelihood that she will prevail on her claim? If you had been in a position to advise Dr. Henry before his last phone call with Janet, how would you have suggested he proceed?

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Business Law and Ethics: Lawsuit for abandonment against the doctor
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