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Can You Sue A Hospital Or Doctor For Denying Medical Treatment?

May 09, 2022

Doctors are trained to do what’s best for their patients. But when a medical professional refuses to treat a patient, it can lead to serious consequences. If you’re being denied care by your doctor, you might be able to file a medical malpractice lawsuit. 

At the Doctor Lawyer Firm, we have extensive experience standing up to the medical establishment and fighting for our clients’ rights. If you were denied medical care by a hospital or doctor, we invite you to contact us right away. The sooner we can establish what happened and why, the sooner we can start your claim.

What Is Medical Malpractice?

Medical malpractice, also known as medical negligence, is the negligent treatment of a patient by a healthcare provider. It’s a broad term that covers a wide range of negligent acts. These can include an improper diagnosis or treatment, an error in prescription, or an unnecessary procedure.  

If a healthcare provider negligently handles your health care, you could file a medical malpractice lawsuit. This includes denying you the medical care you need. The negligent act may have caused physical injuries, or it may have caused you harm by exposing you to a dangerous condition.

What You Can Sue Your Doctor For

Doctors are trained to treat their patients as best as they can with the tools at their disposal. They are not trained to deny their patients the medical treatment they need. They might not always be able to grant their patients the ideal treatment they need, or they might not agree with the treatment method proposed. 

These are situations where the doctor is considered to have breached the standard of care. In such scenarios, the patient can file a malpractice lawsuit against the doctor. Going by this, can you sue the doctor for denying you medical treatment and not just the other way around?

Can You Sue Your Doctor For Refusing Treatment?

If the doctor refuses treatment without giving a valid reason, it’s a breach of the standard of care. You can sue him/her for it. In most cases, the patient will first approach the doctor with a treatment option. If the doctor doesn’t agree, the patient can approach the medical board with the same. If the doctor’s decision to refuse treatment is deemed to be not medically correct, you can file a lawsuit against them.

Know Whether You Can Sue Before You File

First, let’s figure out if you can sue the doctor before you file the lawsuit. The answer is no. You can only sue the doctor if you have the grounds to file a lawsuit. To have the grounds, you must have suffered some sort of harm. In case you haven’t yet experienced any harm, you can’t sue the doctor just yet. The harm you must experience before you can begin the lawsuit process. Here are some things that can constitute harm:

1. The doctor’s breach of the standard of care caused you to be hospitalized or injured.
2. The doctor’s treatment caused you severe emotional distress or mental pain.
3. The doctor’s refusal to treat you caused you to miss work or suffer financial loss.
4. The doctor’s breach of the standard of care resulted in your death.

How to Proceed with a Medical Malpractice Lawsuit

While medical malpractice lawsuits are filed against doctors for negligent medical treatment. This is important to understand. You can file a medical malpractice lawsuit only after receiving or being denied medical treatment from a doctor. Your medical malpractice lawyer can assist you in proceeding with your claim.

When to Contact a Medical Malpractice Lawyer

You can sue your doctor for not providing you with medical treatment. The only condition is that the doctor’s refusal to treat you caused you harm. The doctor can, however, deny you treatment only if it is considered to be medically correct. This means that the treatment will offer you some sort of benefit. If the treatment is not medically correct, then you can file a lawsuit against the doctor.

Where to Go From Here

Your medical malpractice lawyer can help you determine if you have a case. They can also help you decide on the best course of action. If you’ve been mistreated by your doctor or they outright denied you medical care that resulted in harm, contact the Doctor Lawyer Firm right away.

Contact the Doctor Lawyer Firm Today

Were you denied treatment by a medical professional? You could be in a position to sue for medical malpractice. At the Doctor Lawyer Firm, we specialize in medical malpractice claims like yours and will fight to get you the compensation you deserve. If you would like to schedule a consultation with our medical malpractice lawyer, please call 833-633-6257 MedMals today. You may also complete our contact form to get started.

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