Legally 16, 17 and ethically, 18 where emergency medical treatment is required, doctors cannot refuse to treat persons who cannot afford to pay in advance, which applies whether this is a first-time or regular patient. For a first-time patient the doctor must stabilise the patient and then refer him or her to a public hospital.
Can doctors refuse to treat patients who can't afford to pay?
The circumstances may justify a doctor refusing to treat a first-time patient who cannot afford to pay cash in advance, but it may be unfair to refuse to treat a regular patient who cannot afford to pay because of a temporary cash-flow problem.
Do competent patients have a right to refuse medical treatment?
Competent patients have a right to refuse treatment. This concept is supported not only by the ethical principle of autonomy but also by U.S. statutes, regulations and case law.
Should physicians refer nonpaying patients to another provider?
Since patients may not raise concerns about payment until costly tests are required, clinicians should raise the matter with all at-risk patients at the first encounter. Finally, there is the question of whether a physician is capable of making an unbiased decision about referring a nonpaying patient to another provider.
Can a doctor refuse to treat a first-time patient?
Legally 16 , 17 and ethically, 18 where emergency medical treatment is required, doctors cannot refuse to treat persons who cannot afford to pay in advance, which applies whether this is a first-time or regular patient. For a first-time patient the doctor must stabilise the patient and then refer him or her to a public hospital.
Is it ethical for a doctor to refuse treatment?
Competent patients have a right to refuse treatment. This concept is supported not only by the ethical principle of autonomy but also by U.S. statutes, regulations and case law. Competent adults can refuse care even if the care would likely save or prolong the patient's life.
Do physicians have the right to refuse treatment to a patient?
Justice dictates that physicians provide care to all who need it, and it is illegal for a physician to refuse services based on race, ethnicity, gender, religion, or sexual orientation. But sometimes patients request services that are antithetical to the physician's personal beliefs.
Why must physicians respect the patients refusal of treatment?
In general, ethical tension exists when a physician's obligation to promote a patient's best interests competes with the physician's obligation to respect the patient's autonomy. “When you don't take your medication, you're more likely to get sick.”
Do doctors have a legal obligation to treat patients?
Physicians have a legal duty to provide a certain standard of skill and care to their existing patients. The legal duty of care is created when a physician agrees to treat a patient who has requested his or her services.
Can a doctor refuse to treat a patient who owes money?
Can a Doctor Refuse to Treat Me If I Cannot Afford to Pay? Yes. The most common reason for refusing to treat a patient is the patient's potential inability to pay for the required medical services. Still, doctors cannot refuse to treat patients if that refusal will cause harm.
Can doctors force treatment?
For the most part, adults can decline medical treatment. Doctors and medical professionals require informed consent from patients before any treatment, and without that consent, they are prohibited from forcibly administering medical care.
What are the ethical and legal considerations involved in refusing patient service?
Both the ethical opinions and legal precedents agree that a physician may not intentionally and unilaterally sever an existing relationship with any patient, unless the physician provides reasonable notice to the patient, in writing, and sufficient time to locate another physician.
What should a doctor do when a patient refuses treatment?
When Patients Refuse TreatmentPatient Education, Understanding, and Informed Consent. ... Explore Reasons Behind Refusal. ... Involve Family Members and Caregivers. ... Document Your Actions. ... Keep the Door Open.
What is the right to refuse treatment?
Every competent adult has the right to refuse unwanted medical treatment. This is part of the right of every individual to choose what will be done to their own body, and it applies even when refusing treatment means that the person may die.
What is a physician responsibility to a patient?
The physician must be professionally competent, act responsibly, seek consultation when necessary, and treat the patient with compassion and respect, and the patient should participate responsibly in the care including through informed decision making, giving consent to or declining treatment as the case might be.
Do doctors have a fiduciary duty to patients?
"As part of physicians' fiduciary duty to their patients, physicians have a responsibility to maintain independence and impartiality in their medical decision-making, and to always put the well-being of their patients first and to not allow their judgment to be compromised by these other influences."
Under what circumstances is a provider legally bound to treat a patient?
If the patient's condition should be treated, is the provider obligated to care for the patient? a. YES: unless a formal discharge has occurred, the provider is obligated to treat the patient.
Why do doctors refuse medical care?
The most common reasons include the following: Patients are seeking narcotics because they are addicted to that drug. There is no illness present. A patient is destructive or dangerous. The doctor’s office has no openings and is no longer accepting new patients for basic care.
What happens if you refuse emergency treatment?
If your medical condition seriously worsened because you were refused emergency treatment, you may be entitled to compensation for your damages. A personal injury attorney can review your case and offer an opinion as to whether or not you have grounds for a lawsuit. Right to Refuse.
What to do if a doctor turns you away because you don't have health insurance?
If a doctor or medical facility turned you away as a patient because you don’t have health insurance, call a medical malpractice lawyer Phoenix relies on to discuss your legal options.
What is the law that requires doctors to see a patient who is in active labor?
The Emergency Medical Treatment and Active Labor Act. This is a federal law that requires all doctors and medical facilities to see a patient who is suffering from a medical emergency or is in active labor even if the patient has no ability to pay the anticipated bill.
How long should you wait to see a doctor after a broken finger?
If you walk into an emergency room with a broken finger and someone else walks in five minute after you with chest pains or a head wound, that person is always a priority. Serious injuries always come before lesser injuries, and this sometimes means other patients wait long periods of time to see a doctor.
Why don't people have medical insurance?
Perhaps they can’t afford to pay for it or they’re in-between jobs and waiting for their new health coverage to take effect. Unfortunately, accidents are never convenient, and they can happen when someone doesn’t have insurance to pay for treatment.
Can a doctor refuse to treat a homeless person?
While a doctor has every right to deny treatment for various reasons, they can’t refuse to treat a person ...
Can A Healthcare Professional Refuse To Help A Patient?
A physician is obligated to perform the best care possible for all of his or her patients, and if a physician doesn’t meet this requirement, it’s against the law. Nevertheless, occasionally patients want services that don’t accord with the physician’s personal beliefs.
Can You Refuse To See Patients?
According to our legal system, it is insufficiently lawful unless the doctor provides one of those reasons as part of the third party contract. It is also possible for a doctor to refuse to see an entire case without citing any given reason.
Can A Patient Be Forced To Accept Treatment?
Your rights to accept or decline treatment are fully realized when your health care provider presents the latest treatment options to you. If the patient makes an informed decision that is based on sound reasoning, it is ethically impossible to physically force or compel them into treatment.
Can A Doctors Office Deny You Treatment?
Treatment is not limited to medical care. A doctor has the right to reject medical treatment. Emergency situations in which patients need medical treatment, such as referral to specialists from emergency rooms, need to be given at least until stabilization is achieved.
Can Hospitals Deny You Care?
You cannot be refused medical treatment due to factors such as your age, gender, religious affiliation, or other characteristics a hospital can only handle in certain circumstances. In the event of an emergency, always seek medical attention.
Is It Illegal For A Doctor To Refuse To Treat A Patient?
As a result of the Emergency Medical Treatment and Active Labor Act, healthcare providers who deny a patient treatment are in violation of the Civil Rights Act of 1964.
Is It Ethical For A Doctor To Deny Treatment?
Whether their decision to avoid investigation or treatment is reasonable or irrational should not be considered as their basis for refusing. It is within your right to counsel your patient on your clinical opinion, but do not expect them to make an adverse decision.
What are the principles of beneficence 8 and non-maleficence 9?
The principles of beneficence 8 and non-maleficence 9 require doctors to do good for their patients and not to harm them. This is consistent with the provisions of the Declaration of Geneva, 1 the International Code of Ethics 2 and the HPCSA rules. 3 If patients who are not members of a medical scheme ...
What does it mean when a patient is abandoned?
A patient is abandoned when a doctor ceases treatment before the patient has recovered or has terminated his or her contract with the doctor, 19 and the doctor does not refer the patient to another practitioner or institution that can continue such treatment.
What is the principle of fairness or justice 10?
The principle of fairness or justice 10 requires doctors to treat their patients fairly or justly.
What is patient autonomy?
Patient autonomy 5 requires doctors to respect the freedom of patients to make their medical treatment decisions. Apart from issues such as the right of patients to give informed consent 6 or to have their privacy protected, 7 patients can also decide to join a medical scheme or pay cash for their treatment.
Why do doctors have a duty to provide medical care?
Emergency medical treatment is required where medical treatment is necessary because a person’s life or health is in serious danger as a result of disease, injury or ill health. 15
Which principle of patient autonomy is met if the patient decides to pay cash?
These situations satisfy the bioethical principles because the principle of patient autonomy is met if the patient decides to pay cash, and the principles of beneficence, non-maleficence and justice or fairness are met if the patient can afford to pay.
Can a doctor abandon a patient?
As a result, a doctor may not abandon a patient on the grounds that the latter is unable to pay in advance for treatment without making alternative arrangements.
What is institutional ethics?
Institutional ethics deals with the good and thriving of the individuals within the institution as well as the institution as a whole within the larger community. Institutions can be as small as a family or group practice and as large as a health plan with hundreds of thousands of people.
Is drug therapy good for health?
Within health care, there is also the need to balance acute and chronic care needs, administration and direct care services, and research and technology development. Although drug therapy provides great good to many people, its benefits and burdens must be weighed against other goods in health care.
Abstract
This ongoing column is dedicated to providing information to our readers on managing legal risks associated with medical practice. We invite questions from our readers. The answers are provided by PRMS, Inc.
Footnotes
To submit a question, e-mail Elizabeth Klumpp, Executive Editor, moc.mocdemxirtam@ppmulke. Include “Risk Management Column” in the subject line of your e-mail. All chosen questions will be published anonymously. All questions are reviewed by the editors and are selected based upon interest, timeliness, and pertinence, as determined by the editors.