Q&A

Can a doctor legally discriminate against a patient?

Can a doctor legally discriminate against a patient?

But for the patient, all of these refusals can feel discriminatory. And that raises the obvious question: can doctors legally discriminate against patients? The answer: it depends. Sometimes yes, and sometimes no.

Is it legal for a doctor to refuse a patient?

In addition, the Americans with Disabilities Act limits a physician’s ability to refuse a patient, as recognized by the Supreme Court, and the Rehabilitation Act of 1973 may also be relevant in some cases. The bottom line is that some types of discrimination against patients are legally permitted and others aren’t.

Can a doctor refuse service on moral grounds?

On the other hand, refusals to provide a service only to certain types of patients one finds objectionable ought not be accepted, regardless of whether they cause any patient access problems whatsoever. In other words: objection to service on moral grounds = OK; objection to patient on moral grounds = not OK.

Is it against the law to discriminate on weight?

In some of the more progressive states, and potentially even under the ADA, discrimination based on weight might in fact be impermissible, that is if obesity is considered a disability or a medical condition (which it very plausibly could be, depending on severity).

Can a doctor be a victim of discrimination?

However, discrimination experienced by doctors is a much less popular topic. After all, doctors usually occupy the stereotype of benevolent and efficient healer, impervious to the prejudice of the patient. Reality reveals that doctors often experience workplace discrimination, too.

When is it fair for a doctor to dismiss a patient?

When a Doctor May Dismiss a Patient. Just as we patients should fire a doctor who behaves this way, it’s fair that a doctor should fire a patient for such poor behavior, too. Non-payment of bills – money owed by the patient, but usually not the patient’s insurance. If the doctor’s practice is closing.

Do you experience discrimination as a pediatrician?

The journal Academic Medicine published a survey of Stanford pediatric residents responding to questions about discrimination. According to the survey, approximately 15% of pediatric residents experienced patient prejudice. The journal called for strategies for handling discrimination experienced by doctors.

Is there discrimination in the field of gynecologist?

More recently, reverse discrimination broke out in the gynecologist arena as more and more male doctors report incidents of discrimination. Since female patients tend to request female doctors for their regular OB-GYN appointments, male doctors are less likely hired. “No uterus. No opinion.”

When does the duty of confidentiality end for a doctor?

The duty of confidentiality continues even after a patient has stopped seeing or being treated by that particular doctor. The duty even survives the death of a patient. That means if the patient passes away, his or her medical records and information are still protected by doctor-patient confidentiality.

Are there legal protections for doctors and patients?

There are substantial legal protections in place, which are only becoming more comprehensive, not to mention a strong professional ethic driving doctors and other health care professionals to help those in need regardless of whether or not they like them or agree with their choices. What do you think?

But for the patient, all of these refusals can feel discriminatory. And that raises the obvious question: can doctors legally discriminate against patients? The answer: it depends. Sometimes yes, and sometimes no.

In addition, the Americans with Disabilities Act limits a physician’s ability to refuse a patient, as recognized by the Supreme Court, and the Rehabilitation Act of 1973 may also be relevant in some cases. The bottom line is that some types of discrimination against patients are legally permitted and others aren’t.

What do you need to know about medical malpractice law?

Medical malpractice law governs the liability of doctors and other treatment providers when they cause harm to a patient by rendering their services in a negligent manner. All states have their own laws and procedures to handle these specialized personal injury cases.

Can a doctor be held liable for a personal injury case?

All states have their own laws and procedures to handle these specialized personal injury cases. But in general terms, a doctor will be held liable if his or her conduct fails to meet the “standard of care” provided by other doctors under similar circumstances.