Navigating Emergency Care When Sued by Your Doctor: What to Expect

It is a common misconception that a doctor sued by a patient is prevented from providing emergency care. This article addresses what happens when you need emergency care from the only hospital where your sued doctor works.

Most Doctors Are Not Hospital Employees

It's important to understand that few doctors are actually employed by hospitals. The majority of emergency room (ER) doctors operate as independent contractors or work through companies that contract to provide ER services. The relationship between doctors and hospitals can often be contentious, but this does not translate to a complete refusal to treat patients.

The Legal Obligation to Treat

Doctors are legally and ethically obliged to treat you to the best of their ability, irrespective of whether you have previously sued them. While they may not enjoy treating such patients, they must adhere to professional standards and continue to provide care if it is necessary.

Latitudes of Refusal and Emergency Care

Physicians generally have a broad latitude to refuse to see specific patients, including those who have previously sued them. However, when it comes to emergency care, the protocols are different. ER doctors and on-call surgeons have a clear duty to provide the care required regardless of personal preferences. An on-call surgeon must operate on a person who has sued her, or find another available surgeon to perform the necessary procedure.

Patience and Hospital Protocols

Patients do have the right to opt for another doctor's care, but in an emergency, hospitals often do their best to honor this preference. Yet, there are limitations due to availability and time constraints. For instance, a hospital might not find an available surgeon to perform an appendectomy on New Year's Eve, and the hospital is under no obligation to force one to do so.

What Happens in a True Emergency

In a genuine emergency, patients might find themselves "stuck" with the doctor who has previously sued them, at least temporarily. Once the emergency phase is over, care can be transferred to another physician. The key point is that in a true medical emergency, the primary focus is on providing immediate and necessary care.

Alternatives If the ER Is the Only Option

If the only option is the ER where the sued doctor works, the hospital is typically required to provide care. Unless that doctor is the only one available, the hospital may allocate other available staff to treat the patient. While it might be frustrating, it's essential to remember that emergency care is a priority over every other consideration.

Conclusion

In summary, when it comes to emergency care, the obligation to treat is not contingent on the relationship between a patient and their doctor. Hospitals and ER doctors have a legal and professional duty to provide the necessary assistance, even if it means providing care to a patient who has previously sued them. Understanding and navigating this situation can help avoid unnecessary stress and frustration during a time of medical emergency.