You may be surprised when you call your family doctor for an appointment after a car wreck, workplace accident, or slip-and-fall. It is common for doctors and specialists to refuse to see a patient when there is potential for a lawsuit. The reasons are pretty simple – lawsuits can be unpleasant and it can affect the way the doctor is paid.

Your Doctor Does Not Want to Testify

Think about it this way – a defense attorney has one job: reduce liability for his client. His client, most often, does not care how the attorney accomplishes this task. Therefore, the defense attorney is free to question the doctor’s expertise, accuse the doctor of making the injury worse (malpractice), or even accuse the doctor of lying. Even if the defense attorney doesn’t resort to those tactics, the doctor may still need to undergo deposition and present expert testimony. The doctor will need to be familiar with every word of your medical record as it will certainly be scrutinized. Your doctor may wish to avoid this process all-together.

Your Doctor May Get Paid Differently

Doctors get paid differently based on whether you have health insurance, Medicare / Medicaid, or no health insurance at all. They can also be paid differently if you have medical benefits on your auto policy or if you are receiving medical benefits through Workers’ Compensation. Auto Insurance Medical Benefits (often referred to as “med pay”) will pay or reimburse medical expenses. However, the doctor may be required to submit special billing forms if the doctor wishes to be paid directly by the auto insurer.

The Louisiana Workers’ Compensation Act (LWCA) makes it even more difficult for doctors to get paid. The LWCA places additional burden on doctors by requiring certain forms to be filed, pre-authorization for treatment to be obtained, and then they will only pay a portion of the bill! Some doctors just do not feel that accepting Workers’ Compensation clients is worth it.

Is It Legal?

Doctors and non-hospital medical providers

With some exceptions, yes, a doctor or healthcare provider can legally refuse a new patient. However, this power is not unlimited. Doctors and healthcare providers cannot refuse to accept a person as a new patient based on ethnic, racial, or religious reasons. Likewise, they cannot discriminate based on the person’s sex, unless the sex of the patient is relevant to the physician’s expertise. However, it is perfectly legal to refuse classes of patients, such as “car accident victims” or “workers’ compensation patients”.

Physicians and other healthcare providers may face legal and ethical issues if you are an established patient receiving treatment for an issue made worse by the accident. The AMA Code of Medical Ethics states: “physicians have an obligation to support continuity of care for their patients. While physicians have the option of withdrawing from a case, they cannot do so without giving notice to the patient, the relatives, or responsible friends sufficiently long in advance of withdrawal to permit another medical attendant to be secured.” In other words, the doctor or healthcare provider may face legal and ethical issues if he immediately stops treating you after a car accident. Conversely, there is nothing you can do if the doctor or healthcare provider gives adequate notice of their intent to discontinue treatment.

Hospitals

Hospitals, on the other hand, are required by the “Emergency Treatment and Labor Act (“EMTALA”), a federal law, to provide “stabilizing care” for a patient with emergency medical conditions. EMTALA describes an “emergency medical condition” as one where the immediate lack of care could place the person’s health (or the health of an unborn child) in jeopardy, could cause serious impairment to bodily function, or could cause serious dysfunction of any bodily organ or part. However, some hospitals may refuse treatment when the situation does not present an emergency medical condition.

In short, your best bet is to go to the local emergency room if you feel you need emergency treatment. If the situation does not present an emergency, you may wish to consult an injury attorney as they will likely have a network of doctors that will treat you.

What do I do?

Rest assured that many healthcare providers will accept injury victims. They often have skilled and experienced office staff that are familiar with the various forms and billing practices of the insurer. Some providers may even work under a “letter of protection” or “letter of guarantee” from your attorney.

Contact Malvin Law

If you have been injured and turned away by your doctor, give us a call. Our firm has a vast network of healthcare providers and specialists that you can trust with your medical treatment. We know these providers will get you the care that you need, will work with whatever insurer they need to, and don’t shy away from defense attorneys.