As consumers, everyone at one point has likely seen those signs as they enter an establishment (food or retail) that says “we have the right to refuse service to anyone”. Well apparently that isn’t the case when it comes to choosing patients. Recently a group of doctors in Southern California settled a case where they had refused to provide in vitro fertilization to a lesbian couple. Those doctors who have strong religious morals felt that it was their right to refuse the insemination based upon their beliefs. They referred the lesbian couple to another doctor who succeeded in impregnating the couple on at least two occasions. The case had weaved its way through the highest court in California and it was on its way to the US Supreme Court when it was settled.
Now, an orthopedic surgeon in Texas has been faced with similar restrictions imposed by the Government. Apparently, as a surgeon, you cannot refuse service to a patient with HIV or AIDS. In this case, the doctor referred the patient to another doctor who was 200 miles away which imposed a burden on the patient who needed treatment. This was apparently due to the patient’s HIV positive status. Would the same restriction would be imposed if the patient was referred to an alternative doctor who was just 1 mile away? Doctors cannot choose their patients. They have a moral and ethical duty to treat anything that comes through the door so long as their training is compatible with the care being sought.
While I do feel for patients with limited access to specialists, physicians should be entitled to some choice in whom he/she treats. Now I am not convinced it was appropriate to refer the patient 200 miles out of town; there must have been another medicare orthopedic surgeon in Austin who could have cared for this patient. However, I believe that some latitude and free choice should be given to any professional to select his or her patients, clients, customers, etc.
~ DOCBLAWG
Filed under: Breaking News, Cases, Healthcare, Legal Issues, Medical Issues, Patients | Tagged: Breaking News, Healthcare, Legal, Medical, Patients
Letting doctors pick and choose patients will likely result in those with complicated illnesses being unable to get care based on the present insurance reimbursement policies of many medical insurers. Many doctors today do this anyway by finding something wrong in another specialist’s field and simply referring the patient. That’s what happened to me over and over — sometimes being referred back to the original doctor. I’m now disabled and broke on SSDI. No diagnosis, no treatment because each specialist did a test that resulted in a positive finding in another specialist’s field.