Legal Question in Medical Malpractice in California

patient Discrimination

Recently after experiencing a progressive leg numbness and acute pain in my neck and lower spine my primary care physician for HIV/Aids (since 1984) recommended me to a local Nuerologist to diagnose exactly what was occurring w/my body. Upon arrival at specified Neurologist an attempting to be completely honest with him regarding my use of Crystal Methamphetamiene the Neurologist, without looking at the results of My MRI and EMG test results proceeded to tell me that I was going to die from using crystal and informed me of his personal past experience w/a X lover who used speed and the reason I failed the physical cooridination part of my exam was because I was intoxicated and reaked of speed. Well I haven't drank alcohol for over 4 years and was completely sober from speed for the last 48 hours. Also during the conversation he insulted my inhome service provider twice. I was seeking treatment and got the judgement and predjudice. Is it legal for a physician to make these judgements?


Asked on 11/01/07, 11:26 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: patient Discrimination

Yes. He will answer any complaint that the most pressing medical problem you had was the chronic and addictive use of Meth, and that he was trying to impress upon you just how damaging that is from a medical point of view and to encourage you to get the help you need to get off the substance. By the way, congrats on your abstinence from alcohol use for 4 years.

That being said, you are within your rights to either have him discuss with you the result of diagnostic testing, or if you do not want to subject yourself to him further, go to another neurologist for that purpose and have that doctor send for the test results.

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Answered on 11/03/07, 5:00 pm


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