Can you sue a doctor for not referring you to a specialist?
Asked by: Jovani Runte | Last update: September 1, 2025Score: 4.6/5 (12 votes)
Can I sue a doctor for not referring me?
Specialty care is important and patients trust their primary care providers to make sure they get the care they need. If you were not referred to a specialist and you believe your doctor failed to make that referral negligently, you may be interested in filing a malpractice case.
What if my doctor won't give me a referral?
You can ask them why they will not refer you and request they reconsider. If they still refuse, you may want to think about finding another primary care provider who is a better fit. Your health and well-being deserve the best care possible.
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 failure to refer to specialist?
When you visit a physician such as a primary care or emergency room doctor, they may need to consult with another physician who specializes in a particular area of medicine or refer you to a specialist for proper care. Failing to do so can be considered medical malpractice if you experience adverse effects as a result.
If Doctor Didn't Refer You to Specialist, Can You Sue Him for Medical Malpractice Here in New York?
What happens if you see a specialist without a referral?
If you see a specialist without a referral, you may be responsible for the entire bill (not just the copayment or deductible). Where will I be referred for services and specialties? Your PCP relies on a trusted network of specialists to carry out your treatment plan.
What is negligent referral?
Negligent Referral is a claim brought against a professional who refers an employee to another professional in a negligent manner. When an employer is aware that a current or former employee poses a harm to others, but fails to warn other employers, this is known as negligent referral.
Should I sue for medical negligence?
You Suffered an Injury
A medical error alone is insufficient grounds for filing a medical malpractice lawsuit. Before a doctor can be sued for negligence, you must be able to prove that the doctor's breach of duty caused you to suffer an injury that you would not otherwise have suffered.
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.
What is the most common allegation in claims of negligence?
The Most Common Allegation: Misdiagnosis
Misdiagnosis stands as the predominant allegation in medical malpractice suits, representing a significant challenge within the healthcare system.
Do doctors get paid for referrals to specialists?
Payment by or to a physician or health care institution solely for referral of a patient is fee splitting and is unethical. Physicians may not accept: Any payment of any kind, from any source for referring a patient other than distributions of a health care organization's revenues as permitted by law.
What to do when your doctor ignores you?
If you feel like you're not being listened to, find a second opinion or ask the physician to refer you to a specialist. If all else fails, bring a trusted friend or family member to your appointments to help you make your case.
How long does a referral take from the doctors?
Your GP or dentist think that your symptoms need further investigation, so they have referred you to a specialist. There are many common conditions that these symptoms could be linked to, including the possibility of cancer. Because this referral is urgent, we will aim to see you within 2 weeks.
Why will my doctor not refer me to a specialist?
Perhaps it's because your doctor thinks he/she adequately understands your symptoms and doesn't believe there is cause for concern. Or, maybe you require a procedure he/she thinks can be sufficiently managed by your primary care practice.
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 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 are the four things that must be proven to win a medical malpractice suit?
- Duty: The duty of care owed to patients.
- Dereliction: Or breach of this duty of care.
- Direct cause: Establishing that the breach caused injury to a patient.
- Damages: The economic and noneconomic losses suffered by the patient as a result of their injury or illness.
How much are most medical malpractice settlements?
According to national statistics, the average medical malpractice settlement is often in the range of $250,000 to $500,000, though significant cases involving life-altering injuries can reach millions. For those in South Carolina, settlements are influenced by state-specific laws and caps on certain damages.
What is compensation for medical negligence?
Compensation is calculated by reference to: General damages (pain and suffering) and loss of amenity ('PSLA') This is a sum of money which is paid to reflect: the pain, physical harm, suffering and disability which has occurred because of the negligence .
How often do doctors settle out of court?
Department of Justice statistics note that 7% of medical malpractice cases end in a trial, so the others either drop their claims or settle. Although, 95% of personal injury claims settle before trial.
Which of the following are considered medical negligence?
Medical negligence examples include, but are not limited to: Failing to obtain informed consent for a procedure or treatment. Misdiagnosis, delayed diagnosis, or failure to diagnose a medical condition. Mistakes and errors made during labor and delivery, causing birth injuries.
What is the most common malpractice claim?
- Misdiagnosis or delayed diagnosis.
- Failure to treat.
- Prescription drug errors.
- Surgical or procedural errors.
- Childbirth injuries.
What is a bad referral?
Hear me out: bad referrals are usually what I call 'surprise' referrals. They happen when a client or associate has a referral conversation (unprompted) with someone and manages to get that person to agree to call you and/or take your call.
What happens if you don't get a referral?
What if I don't get a referral? There's nothing to stop you from seeing a specialist without a referral, but the problem is that you will be responsible for the full cost of the visit. The insurance company will not cover it.
How do you prove negligent?
In an action for negligence, the party who is alleging negligence must prove that: The other party owed them a duty of care; That duty of care has been breached;3 and. As a result of the breach, they have suffered damage.