Canastota, NY asked in Health Care Law for New York

Q: Can my doctors office withdraw me from care for going against medical advice?

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3 Lawyer Answers
T. Augustus Claus
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Answered

A: In New York, a doctor's office generally has the right to withdraw a patient from care if the patient consistently goes against medical advice or engages in behavior that may jeopardize their health. However, there are ethical and legal considerations, and the doctor's decision should be made in accordance with their professional responsibilities and obligations. If you find yourself in this situation, it's advisable to seek a second opinion from another healthcare provider and discuss your concerns with them. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney or a healthcare ethics expert.

Tim Akpinar agrees with this answer

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Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: Physicians are usually free to withdraw from their treatment of a patient, with some exceptions to this general rule. Vice-versa, patient is free to do same. Good luck

1 user found this answer helpful

James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: Yes, a doctor's office may withdraw from providing care if a patient consistently goes against medical advice. However, there are professional and ethical guidelines that must be followed to avoid abandonment of the patient. The office typically needs to provide advance notice to the patient, an explanation for the termination of care, and assistance in transferring to another healthcare provider.

It's also important for the doctor's office to provide enough time for the patient to secure alternative care to ensure there's no gap in treatment, which is especially critical for ongoing medical conditions. If you find yourself in this situation, it's advisable to seek a clear understanding of the reasons behind the withdrawal and to ensure your rights to care are being respected in the process.

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