Can I sue for refusing treatment?

Asked by: Allen Stroman  |  Last update: July 29, 2025
Score: 4.3/5 (19 votes)

If you believe a hospital or urgent clinic wrongfully denied you treatment, you have the right to seek compensation by filing a medical malpractice claim.

Can you sue a doctor for refusing treatment?

As a rule of thumb, if unnecessary delays in care may cause irreparable harm, physicians can face legal liability for their refusal to treat. If you need urgent medical attention, and a doctor refuses to treat you, you can pursue a medical malpractice suit against the physician and/or the establishment they work for.

What happens if a patient refuses treatment?

A patient is fully within his or her rights to refuse any form of treatment, provided he or she is of sound mind. If the patient signs a consent form saying that they don't want any further treatment, or refusing a particular treatment, you respect their wishes and let them die with dignity.

What to do when doctors won't help 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.

Do clients have the right to refuse treatment?

Even adults who lack decision-making capacity retain the fundamental right to refuse recommended treatment. Health care professionals are required to respect their refusals, except in limited circumstances as outlined below.

Can You Sue A Hospital For Refusing Treatment? - CountyOffice.org

36 related questions found

Is it illegal to refuse a patient?

Private doctors can refuse to provide treatment to new patients if: The doctor's office is not accepting any new patients. You are unable to pay for the costs of the treatment you need. The doctor's office does not take your health insurance.

What to do when a client refuses treatment?

When Patients Refuse Treatment
  1. Patient Education, Understanding, and Informed Consent. ...
  2. Explore Reasons Behind Refusal. ...
  3. Involve Family Members and Caregivers. ...
  4. Document Your Actions. ...
  5. Keep the Door Open.

Can you sue a doctor for not responding?

If your doctor refuses to treat you, stops treating you, or does not follow up on your treatment for any of the following reasons, you might be able to claim medical malpractice.

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.

What is an example of medical gaslighting?

These are some examples of gaslighting in medical settings with healthcare providers: Downplaying your symptoms: “It's all in your head. There's nothing physically wrong with you.” Dismissing your concerns: “That's just a minor issue; you're making a big deal out of nothing.”

What kind of documentation do you need for a patient refusal?

The documentation should include when and where the discussions occurred; who participated or was physically present during the conversations; the options, risks, benefits, costs, and possible outcomes addressed; and notations that the patient's questions were answered.

What is an example of the right to refuse treatment?

Most people in the United States have a right to refuse care if treatment is for a non-life-threatening illness. This may include not getting a prescription filled, not getting a flu shot, or deciding to stop using crutches after you sprained an ankle.

How do you deal with a patient refusing care?

All instances of refusal of treatment must be noted in the patient's Health Record. Ideally, the patient should sign a Procedure/ Treatment Refusal Acknowledgement (Patient with Capacity) form. Where the refusal of treatment may lead to harm and/or death, these consequences must be explained and documented.

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.

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.

Can I sue my doctor for ignoring me?

You can sue a doctor for medical malpractice for ignoring your symptoms if the doctors actions contributed to damages and the ignoring qualifies as medical error/negligence. To prove cases like this there must be damages. If the doctor just ignores and it doesn't result in injury than there is no case worth pursuing.

What is the most feared medical diagnosis?

'We know that dementia is the most feared health condition of our time and there's no question that it can have a profound and devastating impact on people, their family and friends – but getting a timely diagnosis will enable people with dementia to live as well as possible.

What disease has no cure?

Some of the common medical conditions of people requiring care at the end of life include:
  • cancer.
  • dementia, including Alzheimer's disease.
  • advanced lung, heart, kidney and liver disease.
  • stroke and other neurological diseases, including motor neurone disease and multiple sclerosis.
  • Huntington's disease.
  • muscular dystrophy.

Why do I feel sick but doctors say nothing's wrong?

Somatization is the medical term most often used for distressing physical symptoms that either cannot be attributed to a known medical condition or that seem out of proportion to it. Symptoms are a person's subjective experiences.

Is it worth suing a doctor?

Malpractice lawsuits are expensive, time consuming, and can open you up to public inspection. And, unlike most other types of personal injury claims, case trends show a tendency toward favoring doctors and other care providers, not injured plaintiffs.

What to do when doctors refuse to treat you?

If you feel you were unfairly denied medical treatment and as a result, you suffered a worsened condition, you could be entitled to recover monetary compensation for your damages through a medical malpractice claim.

What is it called when a doctor ignores you?

It can even be dangerous because it can lead to missed diagnoses and improper treatment. Here, we'll talk about what medical gaslighting is, how to know it is happening to you, and what to do when your doctor doesn't listen and ignores your pain.

What is it called when a patient refuses treatment?

Informed refusal is where a person has refused a recommended medical treatment based upon an understanding of the facts and implications of not following the treatment. Informed refusal is linked to the informed consent process, as a patient has a right to consent, but also may choose to refuse.

What is the best course of action if a patient refuses treatment?

You can use a written form or a verbal record to confirm the patient's refusal of treatment, and the information and options that were provided to them. You can also note any witnesses or support persons that were present, and any additional steps that were taken to ensure the patient's understanding and consent.

How do you document refusal of treatment?

documentation of a patient's refusal to undergo a test or intervention should include: an assessment of the patient's competence to make decisions, a statement indicating a lack of coercion; a description of your discussion with him (or her) regarding the need for the treatment, alternatives to treatment, possible ...