Philadelphia, PA asked in Health Care Law, Medical Malpractice and Personal Injury for New York

Q: Can your doctor refuse to see you?

I had back surgery spinal stenosis in 2019. If I remember correctly I only saw him once after the surgery. He had moved to another practice. I had called several time to make an appointment at his new practice.. I was told he was not taking new patient. I told the receptionist that I was not a new patient. She said I was because I was never at that practice before. I explain to her how he did my back surgery and I needed to seem him cause I was in a lot of pain. She told me to hold she was going to ask if he can see me. When she came back on the phone she said the doctor is not going to take me as a patient. Can a doctor do that after he performed surgery?

2 Lawyer Answers
Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • Medical Malpractice Lawyer
  • New York, NY
  • Licensed in New York

A: Your surgeon certainly has a right not to see you again, especially if he's moved elsewhere. Whether that's good and accepted medical practice is another story. If you are in pain, you can certainly seek medical attention elsewhere. You can also contact his office to see if he can refer you to any colleagues who are accepting new patients.

Tim Akpinar agrees with this answer

1 user found this answer helpful

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

A: Yes, they can refuse, unless the refusal was based on discrimination, or it would violate a contract, or involve other exceptions to the general rule. Good luck

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