Can a doctor refuse to release a patient?

Asked by: Ms. Vickie Fahey  |  Last update: August 3, 2025
Score: 5/5 (19 votes)

In emergency situations, including referrals to specialists from ER doctors, a patient must receive treatment until his or her condition is stabilized. He or she may not be discharged if the discharge would result in a worsened or new medical condition.

Can a doctor refuse to discharge a patient?

Physicians' primary ethical obligation to promote the well-being of individual patients encompasses an obligation to collaborate in a discharge plan that is safe for the patient. As advocates for their patients, physicians should resist any discharge requests that are likely to compromise a patient's safety.

What to do if your doctor isn't helping you?

Contact a patient advocate -- Some hospitals or clinics have patient advocates whose job is to help patients. If you are concerned about how a doctor is treating you, you should 100% contact a patient advocate.

Can I sue my doctor for not releasing my medical records?

If you believe that your doctor or other health care provider violated your health information privacy right by not giving you access to your medical record, you may file a HIPAA Privacy Rule Complaint with the U.S. Department of Health and Human Services (HHS) Office for Civil Rights.

Can a doctor refuse to transfer a patient?

The only reason you can legitimately refuse a patient transfer is if you or your hospital is clearly not able to provide the necessary care (i.e. no ICU beds at your hospital or you are already truly involved in another emergency situation that will prohibit you from providing the care).

Can a doctor refuse to release medical records?

39 related questions found

How do I force a hospital transfer?

In cases where the patient or a family member wants to initiate a transfer for reasons other than medical necessity, the patient or their advocate should reach out to their hospital case manager or social worker for assistance.

Can a doctor refuse to operate on a patient?

Physicians can refuse to treat a patient when the treatment request is beyond the physician's competence or the specific treatment is incompatible with the physician's personal, religious, or moral beliefs. This case, however, does not involve the refusal of care; it involves the condition of care.

What is the most common reason patients sue their doctors?

Multiple studies have concluded that misdiagnosis is the most common cause of malpractice claims. Misdiagnosis includes failure to diagnose a medical problem that exists or making a diagnosis that is incorrect.

Can your doctor withhold information from you?

Physicians may consider delaying disclosure only if early communication is clearly contraindicated. Physicians should continue to monitor the patient carefully and offer complete disclosure when the patient is able to decide whether or not to receive this information.

What can I do if my doctor refuses to treat me?

If you are an existing patient who would suffer adverse health effects without continued treatment, your doctor is legally required to provide treatment until you can locate a new doctor. You may have grounds for a medical malpractice case if your condition deteriorates because your doctor refused to provide care.

What to do if your doctor is dismissive?

If you bring up a concern and your provider is being dismissive, push back. It's up to the two of you to come up with a diagnosis and treatment plan together.

What is the hardest disease to diagnose?

The following serious medical conditions are among the top ten most difficult diseases to diagnose.
  1. Sepsis. Sepsis is an onslaught of the body's natural reaction to serious infection. ...
  2. Pulmonary Embolus. ...
  3. Appendicitis. ...
  4. Compartment Syndrome. ...
  5. Post-Procedure Bowel Perforation or Injury. ...
  6. Lyme Disease. ...
  7. Necrotizing Fasciitis. ...
  8. Cancer.

Do doctors legally have to help?

You only need to help a patient if it happens to be one of your own patients. So if there is a prior doctor-patient relationship. In all other cases you are not (legally) obliged to help.

Who decides when a patient can be discharged?

Physicians are responsible for deciding the patient is safe for discharge, creating the discharge plan in conjunction with the rest of the team, and communicating instructions to the discharge nurse or designated discharge personnel.

What is patient abandonment?

California defines patient abandonment as terminating the relationship without written notice to the patient. By law, the patient must have enough time to find another physician. If they decline further treatment or consent to the termination, however, they cannot legally claim abandonment.

What is an unsafe discharge?

Examples of an unsafe or premature discharge from the hospital include: Being discharged without a proper diagnosis. Being discharged while in an unstable condition. Not receiving instructions or plan details for follow-up care. Being discharged before all diagnostic tests are complete.

Can you sue a doctor for withholding information?

If the withholding of information results in harm to the patient, they may sue the doctor for compensation. Withholding information in the context of medical care is an issue of informed consent. A patient has a right to choose their course of treatment.

Are serious test results released on MyChart before the doctor discusses them?

Test results in MyChart

These time frames allow your care provider to review results before they're posted. Because we release most results to you immediately, you may see them before your health care provider does. Please give us three business days to review results and let you know our thoughts.

What is non-maleficence?

Nonmaleficence is the obligation of a physician not to harm the patient. This simply stated principle supports several moral rules − do not kill, do not cause pain or suffering, do not incapacitate, do not cause offense, and do not deprive others of the goods of life.

What can doctors get in trouble for?

Although laws vary from jurisdiction to jurisdiction, some examples of unprofessional conduct include the following:
  • Alcohol and substance abuse.
  • Sexual misconduct.
  • Neglect of a patient.
  • Failing to meet the accepted standard of care in a state.
  • Prescribing drugs in excess or without legitimate reason.

What is an example of malpractice?

Misdiagnosis, surgical errors, medication errors, birth injuries, anesthesia errors, failure to diagnose, and wrong treatment are some of the most common types of medical malpractice.

Can a doctor be sued for not treating a patient?

Doctors are required to provide ongoing care once a doctor–patient relationship has been established. Suppose your condition requires follow-up. If your doctor doesn't take the necessary steps, they may be liable for medical malpractice if their lack of care causes injury or death.

Can a doctor refuse to see you anymore?

Yes, your doctor can stop treating you for any non-discriminatory reason.

How to spot a bad doctor?

7 Signs of a Bad Doctor
  1. 1 – Poor Communication Skills. ...
  2. 2 – Lack of Empathy. ...
  3. 3 – Rushed Appointments. ...
  4. 4 – Inadequate Knowledge or Outdated Practices. ...
  5. 5 – Disregard for Patient Privacy and Confidentiality. ...
  6. 6 – Frequent Misdiagnosis or Treatment Failures. ...
  7. 7 – Unprofessional Behavior.

Can a walk-in clinic turn you away?

The law does not impose a duty to treat every patient who walks into a private medical office; however, there are several exceptions that do recognize a duty to treat certain patients. More important, it would be ethically impermissible to turn away a patient for whom this would mean certain injury.