If a patient’s condition requires further treatment or investigation beyond their doctor’s expertise, the patient should be referred to a specialist. However, this doesn’t always happen, or at least on time. Some doctors choose to continue treating a patient because they overestimate their ability to treat the condition, downplay a patient’s condition or don’t want to lose revenue.
But can failure to refer be considered medical malpractice? Here is what to know:
It can be if a patient is harmed
Doctors owe patients a duty of care. Referring a patient to a specialist ensures that a doctor provides a reasonable standard of care to the patient. Failing to refer a patient who needs the services of a specialist is a breach of duty of care.
A patient can be harmed by a failure to refer. For example, if a patient with symptoms that suggest a heart problem, such as chest pain and shortness of breath, is not referred to a cardiologist, their condition may worsen. If a doctor suspects a patient has cancer but fails to refer them to an oncologist for further tests, the cancer may progress, making it more challenging to treat.
If imaging is needed to diagnose or monitor a patient’s condition, a radiologist should be involved. Not referring a patient to a radiologist to obtain accurate medical images can lead to a delayed or missed diagnosis.
In addition to worsening of a condition, other effects of failure to refer include increased medical expenses, inability to work, pain and suffering, emotional distress, temporary or permanent disability and death.
So, considering all these factors, failure to refer can be regarded as medical malpractice.
If your doctor failed to refer you to a specialist when it was necessary, they may have failed to offer you reasonable standard care. Legal guidance can help you get more information about your case.