When they’ve finally passed all their degrees and training, doctors get officially certified and licensed. They also take an oath that basically boils down to a simple concept: “Do no harm.” This oath is considered an ethics code, but it isn’t legally binding.

However, many federal and state regulations govern a doctor’s behavior, including their right to refuse to treat a patient.

What if a doctor who is following the rules refuses to treat a patient and that patient dies?

Could that be grounds for a medical malpractice lawsuit? In order to move forward, you would have to establish that the doctor’s refusal went outside the legally authorized grounds for such an action. Here’s what you need to understand about this complex healthcare subject:

Legal Grounds for a Doctor to Refuse Treatment

You might often see signs at a business stating they have the right to refuse service to anyone. That concept has generated significant controversy, but the courts have generally favored a business owner’s right to refuse service. However, making a purchase or ordering dinner is quite different than asking for medical help. A doctor could refuse to treat a patient based on the following legal grounds:

Outside Area of Expertise

A physician may decline care that is outside their area of expertise. Your general practitioner will often recommend that you see a specialist, depending on your needs.

You can’t show up at a general practitioner’s office to get your appendix removed.

Conscience Clause

Although it might seem as though it goes against that foundational oath, doctors can refuse to provide services such as abortions that conflict with their deeply held personal, moral, or religious beliefs.

That’s not just a theory, but it has been enshrined in law, with Idaho becoming the latest state to pass a law allowing doctors to refuse care if it violates their beliefs.

Patient Behavior

A doctor may also refuse treatment to a patient if that person is abusive or threatening to the physician, staff, or other patients.

Noncompliance

When a doctor prescribes a medication or a course of treatment, they are confident it is the best course of action to help a patient. If that patient ignores the treatment plan, the doctor can end the relationship with the patient.

Practice Capacity

Every private medical practice is within its rights to set limitations on how many patients it can see at any given time. The practice can turn down a request for an examination if there is simply no room on the schedule.

When Refusing Care Becomes Illegal Discrimination

Although there may be legal grounds to refuse treatment, there are also discrimination issues in which a refusal would not be allowed.

These are the areas of discrimination that would be illegal:

Disability Discrimination

If care is denied or there are limited treatment options presented to a patient because of a pre-existing condition or disability, that would be considered illegal.

Healthcare Bias

A healthcare bias refers to the refusal to provide care based on race, age, sex, gender identity, or sexual orientation. Any refusal of this type would violate federal law.

Disparate Treatment

If a patient is treated differently or not treated at all because of their income, insurance type, or cultural background, that can be grounds for an illegal discrimination lawsuit.

The Emergency Medical Treatment and Labor Act

You probably won’t go to a doctor’s office if you were having an emergency. Instead, you would go to an emergency room. The laws governing refusal of care in an emergency room differ from those in a medical practice.

The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law passed in 1986 that requires Medicare-participating hospitals with emergency departments to provide a medical screening examination and stabilizing treatment for anyone requesting care.

That should happen regardless of their insurance status or ability to pay. Before this law was enacted, some hospital ERs were accused of “patient dumping.”

That’s when they would transfer a patient from their facility to another hospital. That’s also separate from a hospital ER transferring a patient they can’t treat. For instance, if a patient presents with a traumatic brain injury from a car accident, they might have a neurological surgeon on staff who can treat the injury.

In that situation, their goal is to stabilize the patient and transfer them to a facility that can treat them

Among the key aspects of EMTALA is the requirement to provide an appropriate Medical Screening Examination (MSE) to any person brought to the ER to determine whether an Emergency Medical Condition (EMC) exists. If an EMC is present, the hospital must stabilize the patient or arrange an appropriate transfer.

An ER at a hospital cannot delay care to discuss payment methods or insurance status.

It also applies to women in active labor and requires the ER to stabilize the mother and baby. If a hospital is found in violation of EMTALA, it can face severe financial penalties.

In extreme cases of repeated violations, the hospital might also lose its ability to file Medicare or Medicaid claims, effectively shutting it down.

Steps to Take If You Are Denied Medical Treatment

If a doctor refuses to provide you with medical treatment, you need to request a written explanation immediately. Additionally, it is vital to document all communication you had with that doctor. You’ll also need to seek a second medical opinion that can demonstrate your needs and help establish that the doctor who refused treatment was acting outside their legal boundaries.

These types of situations are legally complex. This is why you want to enlist the services of a skilled medical malpractice lawyer, like you’ll find at GDH Law.

Our attorneys have a deep understanding of medical malpractice laws and how they would apply to the refusal of treatment. We also appreciate how stressful this situation can be, especially if you’re dealing with an ongoing condition.

That’s why we strive to help our clients find a fast resolution and get the justice they deserve.

If you feel as though you or someone in your family was illegally refused medical treatment, we want to hear from you. Call to set up a free case evaluation today.

Let’s get you the answers you need to find peace of mind.