CHICAGO, IL – Many patients visit their doctor with information from Google about their condition and potential treatment plans which may include specific medications they want prescribed. Medical providers can disagree about the effectiveness or necessity of the suggested medication for that particular patient and refuse to issue the desired prescription. But what happens if a patient suffers ill effects after your refusal and files a complaint with the state licensing board? Could a doctor’s medical license be at risk?
Understanding the Standard of Care
Medical professionals have no general ethical or legal obligation to prescribe a particular medication simply because the patient believes it’s the right course of action. A healthcare professional has no duty to follow a patient’s lead when it comes at their cost.
However, a healthcare provider must meet a threshold “standard of care” in treating and prescribing medication to their patients. A medical review board will find a doctor to have met an appropriate standard if the doctor acted as a reasonably prudent, similarly qualified healthcare provider would have under the same or similar circumstances.
Determining the appropriate standard of care can be challenging. Every patient and medical situation is different; experts can even have competing views. Although the process may vary across states, medical boards typically determine the appropriate standard of care by culling the experience and knowledge of board members and other medical experts, assessing state clinical guidelines, and reviewing relevant, credible scientific evidence.
Suppose the medical review board determines a doctor has failed to meet the standard of care by failing to prescribe a certain medication in a particular case. In that case, it has the authority to discipline a doctor in a range of ways such as censure, fines, probation or license suspension or revocation – any of which can seriously hamper a medical career.
Ethical Duties When Prescribing a Medication
When it comes to prescribing medicine, healthcare providers have an ethical duty to evaluate the patient, specify the therapeutic objective, be well-informed about current medications on the market and prescribe the most appropriate medication based on their clinical judgment. The physician should also discuss the treatment plan with the patient, provide essential details and instructions, and carefully monitor the treatment.
A physician is not required to prescribe a specific medication for a patient, even if the patient wants it and even if state clinical guidelines recommend their use. A patient may decide certain medicines are inappropriate for a particular patient for any reason ranging from concerns about an adverse interaction with other medication to a reasoned judgment that an alternate treatment plan would be more effective.
No matter how sound a patient believes their reasoning to be, they may still file a complaint against a doctor. The medical board will have the obligation to take the complaint seriously, investigate the allegations and determine whether a doctor acted with the requisite standard of care. If the board finds a doctor’s decision wasn’t reasonable or appropriate, their reputation and license could be put in jeopardy. Doctors should take the time to discuss their reasoning to their patients and explain why an alternate solution or treatment is preferable.
Contact the Dinizulu Law Group to Find Out If You Should File a Complaint
If you are wondering if you have a valid complaint against your doctor, you should hire an experienced plaintiff attorney-advisor without delay. The attorneys at the Dinizulu Law Group will help you collect crucial evidence and prepare a strong case on your behalf. The knowledge and experience at our firm can help you hold those accountable for medical malpractice or negligence.
The Dinizulu Law Group stands ready to help you if you find yourself in this position. Contact us today for an initial consultation by filling out this form or by calling (312) 384-1920.
