My wife has a law degree. Many years ago, when she was pregnant with my daughters it was recommended she get a 'scan' to rule out possible birth defects (I don't remember the type of 'scan', it could have been MRI, CAT, or something else).
We were referred by her ob/gyn to a radiologist. We called the radiologist to discuss concerned about subjecting fetuses to the scan. He said he 'normally would have no problem recommending the scan' and felt 'confident that there was no danger to the fetuses'. However, BECAUSE MY WIFE WAS A LAWYER he refused to do the scan. He flat out said he was concerned she would sue him if there were any problems or complications.
Is this ethical? It is acceptable for a doctor to edit their opinions or recommend against treatment because of the job their patients?
(We often wondered if we could have sued him anyway for making this statement)
2007-08-08 09:08:53 · 13 answers · asked by Wundt 7 in Politics & Government ➔ Law & Ethics
My wife has a degree, but never practiced law. Even so, her speciality was corporate law, not civil or medical law.
We never met the doctor face to face, all of this was done over the phone. He had made his decision not to treat her without even meeting her.
2007-08-08 09:14:58 · update #1
We never serious considered suing him over his comment, it was a joke. And, I am not sue happy.
Several people point out that the situation was not life threatening or serious, but they don't know that. We actually had reason (questionable blood test results) to fear for our children. This doctor felt protecting his own butt was more important than making sure my children were ok. This doctor was judging my wife just on the basis of ONE piece of information... her profession, something that had nothing to do with her health.
2007-08-08 09:29:14 · update #2
If your wife has a law degree and is a lawyer, why are you asking this question on Y!A instead of to her?
2007-08-08 09:11:47 · answer #1 · answered by davidmi711 7 · 2⤊ 1⤋
Although your wife may not be an expert is this sort of law, she must have learned enough in law school to have a sense of what the law is on this. At the very least, she should have an idea where to get the answer.
That said, the answer to the question is that it's fairly common. While a doctor is supposed to treat patients without respect to things like profession, it's a valid concern.
A doctor is not required to treat someone, in a non-life threatening situation. This was not the case, so the doctor has no obligation. Legally or within the moral code of the medical profession.
You can always sue, but the question is: would you win? In front of a jury, the doctor's lawyer will argue that your wife was unwilling to accept the risks inherent in the scan. He'll produce expert witnesses that will show the frequency of problems resulting from such a scan and have graphs that show that the incidence of "nuisance" claims against doctors come disproportionaly from lawyers.
The mere fact that you suggest suing a doctor for refusing the scan proves the doctor's point!
2007-08-08 09:22:40 · answer #2 · answered by Jay 7 · 0⤊ 0⤋
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2016-05-28 10:37:23 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Certainly what the doctor did was legal, but it seems to me that it was unethical and kinda rude to treat you that way because you "might sue if there were complications." He can obviously refuse to treat just about anyone for just about any reason.
Then again, if he thinks there are going to be complications in any woman's body (lawyer or not), then there was your answer. Maybe that was a nice way of him to tell you that the scan wasn't a good idea.
Your wife already knows, even though she doesn't do that type of law, that you can't sue someone when you haven't suffered any damages. I don't think that his refusal put your babies in danger, but certainly, if you can prove that it did, then obviously that's another story.
2007-08-08 10:03:05 · answer #4 · answered by Hillary 6 · 0⤊ 0⤋
Is it OK for doctors to give different advice based on who you are? The short answer is "yes."
When I injured my knee at the age of 30 and went to an orthopaedic, he asked questions to determine if it's worth the effort. He wanted to know if I was active or sedentary, for example.
But later you asked if it is ethical to refuse to help someone because of the type of job they have. I don't know if radiologists have something like the Hypocratic Oath that they take. If they don't, I consider this type of segregation to be the same as pharmacists that don't distribute birth control because it's against their religion.
To ME, both of those people are wrong. However, maybe there is some ability to deny service if this is an independent business.
I would contact the Better Business Bureau and file a complaint.
2007-08-08 09:18:33 · answer #5 · answered by Left Bank Hook 4 · 1⤊ 1⤋
It was probably back when they were first starting to hear about birth defects due to high levels of radiation and he was just covering his butt in case the baby was born with a defect. People are too "Sue Happy" these days. You cannot sue someone because they made a comment like that.
2007-08-08 09:18:24 · answer #6 · answered by Ryan's mom 7 · 1⤊ 0⤋
Nurses easily gets a commission o.k., and we do not have the malpractice coverage concerns that the medical doctors do. We get palms on time with the sufferers and their households, everywhere from 8-12 hours properly worth in a a shift, the scientific medical doctors see them possibly 10 minutes. In nursing, it incredibly is now commonplace to artwork in many distinctive fields over the direction of a occupation, in drugs, that in simple terms isn't achieveable, with the aid of fact the uniqueness guidance after scientific college is so high priced and time ingesting. Nurses are the scientific expert's eyes and ears. we are pretty experienced experts who artwork on the bedside. we prefer clever infants to come lower back into the occupation. do no longer enable all of us inform you which you're too clever to be "basically a nurse" could you incredibly need the guy who's authorized to offer you lifesaving drugs and carry out lifesaving interventions on you to be somebody no longer too clever?
2016-10-01 22:05:55 · answer #7 · answered by wilfrid 4 · 0⤊ 0⤋
A doctor DOES have the right to protect himself. As long as he didnt' refuse treatment because of race, religion or ethnicity, he did nothing illegal or unethical. Your wife's life was in no immediate danger so he was not obligated to provide any treatment at all. Just because one doctor felt a scan was advisable doesn't mean another will automatically agree.
2007-08-08 09:20:13 · answer #8 · answered by Vince M 7 · 1⤊ 1⤋
Your wife is a lawyer, if what the radiologist did was a problem, I'm sure that she would have had the papers drawn up that day. Since nobody's life was at stake, I see no problem with a little self preservation.
2007-08-08 09:19:50 · answer #9 · answered by scooter 1 · 0⤊ 1⤋
A doctor can refuse treatment to anyone for any reason, Except in a life threatening situation.
2007-08-08 09:13:36 · answer #10 · answered by Robin L 6 · 2⤊ 0⤋