Being denied treatment?

Question

My mother in law is being denied cancer treatment because six years ago she refused to go under chemotherapy. Now the same doctor that offered the chemo six years ago is now denying her because she refused chemo then. And also the whole cancer "staff" at this one hospital refuses to treat her and are sending her home. Can they do this legally?

I never said she didn't have health insurance.

Oh and she actually got rid of her cancer 6 years ago, I guess they just wanted to do the chemo to make sure they got it all. She was only 80lbs at the time, and another specialist had told her that chemo would do more harm then good because of her weight. Her cancer has just came back very strong.

Answer 1

They probably need the chemo for someone that it can help. Maybe your mother in law is too far along now.

Answer 2

No they cannot do that legaly the law says that a patient may refuse treatment at anytime and it says nothing about if refused will not be treated because of previous refusal of treatment. There is no time for legal action either go to another hospital or phone your department of health services

Dr. Charalambous
MBBCh
The Witwatersrand University Johannesburg South Africa

Answer 3

Usually doctors and hospitals try not to do anything illegal because they are always the first to be sued. However, I dont know what the laws are (these may vary from state to state/ country to country). Your best bet would be to call a lawyer for a free consult. Although we will do our best to help you on YA there is no proof that someone who claims to be a lawyer actually is one. I would think that its in your mothers best interest to make a few phone calls and see what licensed lawyers say. Good luck, I think it is horrible that a doctor can refuse a patient care. Their job is to care for the ill, and if your mother in law is being denied, then it may be best for her to see a new doctor anyway. After this situation I would not trust them for proper care anyway as I would always feel that I was unwanted and that does not help someone feel better. Ill keep you in my thoughts hun.

Answer 4

See the source below:

Link to the information under the heading Personal Injury ... Medical Malpractice if you believe that the physician may have committed an ethic's violation in his refusal to treat the patient. Also, plan to contact another physician for a second diagnosis...you may elect to hear that from a lawyer or attorney who advises you as to what actions to take to protect your own personal interests in a civil tort litigation matter. Remember to request a contingency fee if an hourly fee or flat fee is offered...then all you'll be out is the court costs irregardless of the outcome...to my understanding. They usually settle out of court; and, the added income could be helpful in your time of need. Sue sweetly...if you please.

Answer 5

Sounds like she's being told that if she had taken the treatment 6 years ago, it would have saved her. Now it's too late. She's not being denied treatment, there IS no treatment.

Answer 6

You need to seek competent legal counsel in this matter. The issues involved are likely quite complex both medically and legally and not suited for a forum such as this.

Answer 7

talk to the other Dr. who said the chemo might be a risk...or any Dr. that is willing to state this ...submit this to her insurance, one Dr's opinion can over ride another...happens all the time.......best wishes...cookie

Answer 8

If you live in the US and do not have health insurance, you do not have a right to health care. Crappy, but true. Best to you and your mom.

Answer 9

I think there is more to know here. I dont think they would deny treatment if there was any hope it would help.