Can I Sue a Doctor for Not Treating Me?

You didn’t expect a doctor to ignore you. You came in needing help—maybe in pain, maybe scared—but instead of receiving the care you needed, the doctor sent you away. Now you’re left asking: Was that even allowed? Can I sue a doctor for not treating me?

Doctors take an oath to do no harm, but that doesn’t mean they always do the right thing. Some refusals are legal, but others cross a line. When a doctor refuses to treat someone in a way that violates medical standards, hospital policies, or federal law, they should answer for that decision.

No one should be left without answers, especially when their health is on the line. Call Pierce Skrabanek at (832) 690-7000 for a free case review.

When Can a Doctor Legally Refuse to Treat a Patient?

Doctors don’t have to treat every person who walks through their door. Private practice physicians set their schedules, choose which cases they accept, and can turn patients down for various non-discriminatory reasons. A doctor may legally refuse to treat someone if:

• The patient needs specialized care the doctor does not provide,
• Their practice is full, and they are not accepting new patients,
• The patient refuses to follow medical advice or treatment plans,
• The requested treatment conflicts with the doctor’s religious beliefs, or
• The patient has a history of being abusive toward medical staff.

Hospitals, urgent care centers, and walk-in clinics have different obligations. While private doctors have more discretion, medical facilities that receive public funding must follow stricter rules. Emergency rooms, for example, must provide urgent medical care and cannot deny treatment based on a patient’s insurance status.

The American Medical Association also provides ethical guidelines that state doctors should not refuse treatment in ways that put a patient’s health at risk. When a refusal goes beyond ethical or legal boundaries, they may be violating their duty to the patient.

When Does a Doctor’s Refusal Cross the Line?

Some refusals are legal, but others put lives at risk. A doctor who turns away a patient for the wrong reasons—violating federal law, disregarding medical ethics, or walking away from an established relationship—must be held accountable.

Refusing Emergency Medical Treatment

Hospitals that accept Medicare and Medicaid funding must follow strict rules about emergency care. The Emergency Medical Treatment and Labor Act (EMTALA) requires emergency rooms to treat anyone experiencing a medical emergency, regardless of their ability to pay. This means a hospital cannot deny treatment to a patient suffering from a heart attack, severe injuries, or any life-threatening condition. If an ER refuses to treat someone who needs urgent care, the hospital is violating federal law.

Discrimination in Medical Treatment

Federal laws protect patients from discrimination in medical settings. A doctor cannot refuse treatment based on race, religion, sex, gender identity, sexual orientation, or disability. The American Medical Association’s Code of Medical Ethics also states that doctors should not refuse care based on personal biases or non-medical reasons that could harm a patient’s health. When a doctor refuses to help someone due to discrimination, they are not only acting unethically—they are breaking the law.

Bias in the Treatment and Management of Pain 

There is no shortage of research in the last two decades showing the disparity of pain control between racial and gender groups. A recent article in JAMA further explored the relationship between racial bias and the pain outcomes between black and white patients. The findings showed that black patients faced more negative medical and pain management outcomes than their white counterparts. 

These variations in the quality of treatment can be found between male and female patients in both research and clinical practices. A 2024 fact sheet addressing gender bias in pain management showed that women tend to receive more psychological referrals following reports of pain than men. Additionally, women are required to show higher levels of debilitation than men before their symptoms are seen as legitimate.

Patient Abandonment

Once a doctor agrees to treat someone, they cannot abruptly stop care without warning. A doctor who drops a patient without giving them time to find another provider may be guilty of patient abandonment. In serious cases, this can lead to harm when a person is left without the medical help they need. If a doctor withdraws from a case without a valid reason, and the patient suffers because of it, the doctor bears responsibility for that harm.

Why Would a Doctor Refuse to Help?

Some doctors don’t just refuse treatment—they dismiss, downplay, or flat-out ignore a patient’s concerns. That refusal isn’t always about legal requirements or ethical dilemmas. Sometimes, it’s about arrogance, bias, or putting profit before patients.

Medical Gaslighting

Some doctors dismiss symptoms, blame stress, or tell patients their concerns aren’t real. Women and people of color are more likely to experience this, leading to undiagnosed conditions and worsening health. A person might leave an appointment thinking they overreacted—only to end up in an emergency room days later.

Misjudging a Patient’s Condition

Not every doctor takes the time to listen. Some assume an issue is minor without fully investigating it. For example, a patient who describes chest pain might be told it’s acid reflux when it’s really a heart problem. A persistent cough might be waved off as allergies when it’s actually something more serious. When doctors misdiagnose a condition or dismiss symptoms without proper evaluation, they put people in danger.

Prioritizing Profits Over Patients

Medical facilities aren’t just places of healing—they’re businesses. Some hospitals and clinics refuse to treat patients without insurance or the ability to pay upfront, even when those patients need help. Others rush people out the door to maximize turnover and keep revenue flowing. No one should be denied care because of a financial decision made behind closed doors.

Being dismissed or turned away by a doctor isn’t just frustrating—it puts a person’s health at serious risk. Can you sue a doctor for not treating you? When a refusal to treat leads to preventable harm, it may amount to medical malpractice.

Doctors are supposed to provide care, not turn people away when they need help. If a doctor refuses to treat you, and you suffer as a result, you may have a case. Call Pierce Skrabanek at (832) 690-7000 or fill out our online form to learn whether you can sue a doctor for refusing to treat you.

Can I Sue My Doctor for Not Helping Me?

Doctors are expected to make decisions in the best interest of their patients, but that doesn’t always happen. Some turn people away without a valid reason, leaving them without the medical help they need. You can sue when a doctor refuses to treat you in a way that violates medical standards or ethical obligations. But can you sue a doctor for not treating you in every case? The answer depends on the circumstances.

Holding your doctor responsible for denying care comes down to three factors:

• Did a doctor-patient relationship exist?
• Was the refusal unjustified?
• Did the lack of treatment lead to serious harm?

Examples of Cases That May Lead to a Lawsuit

• A patient visits an urgent care clinic with severe abdominal pain. The doctor dismissed it as indigestion without running any tests and refused further evaluation. The patient is later rushed to the emergency room with a ruptured appendix—a condition that could have been prevented with proper medical attention.
• A pregnant woman arrives at a hospital experiencing complications, but the on-call obstetrician refuses to see her because she does not have insurance. She is sent home, only to experience a medical emergency hours later. Denying care in an urgent situation like this may violate medical standards and federal law.
• A pain management physician fails to follow up after non-narcotic treatments fail to relieve a patient’s chronic pain. The patient continues to suffer despite multiple complaints. When the physician fails to reassess or adjust the treatment plan, despite clear signs that the pain is uncontrolled, this may constitute negligence.

Other situations that may qualify you to take legal action against a doctor include:

• Too little anesthesia during surgery
• Inappropriate pain assessment resulting in inadequate pain control 
• Overprescribing an addictive medication with inappropriate oversight
• Failure to monitor the effects of pain medications
• Medical misdiagnoses
• Medication interactions

Examples of Cases That Likely Wouldn’t Qualify

• A patient calls a dermatologist’s office requesting a routine skin check appointment, but the office is not accepting new patients. Since no doctor-patient relationship was established, the refusal is legal.
• A primary care doctor declines to prescribe antibiotics over the phone without an in-person visit. In this case, the refusal is justified, as the doctor has a duty to ensure proper treatment before prescribing medication.

Doctors have the power to help—but some choose not to. When that choice breaks the law, violates medical standards, or leaves someone in a worse condition, they should be held responsible.

How Do You Prove Medical Malpractice?

Doctors and hospitals won’t admit fault easily; refusing care often comes with excuses. Proving medical malpractice means showing that a doctor’s decision to deny treatment directly led to harm.

To bring a successful medical malpractice case, a patient usually needs to show four main things:

• A doctor-patient relationship existed: You were officially under the care of the doctor you're suing.
• The doctor did not follow the standard of care: This means the doctor acted in a way that a reasonably careful doctor wouldn’t have.
• The mistake caused harm: You must prove that the doctor’s actions (or lack of action) directly led to your injury or made your condition worse.
• You suffered damages: This could include physical pain, emotional distress, extra medical bills, lost wages, or other types of harm.

A strong case relies on solid evidence, including:

• Medical records that show the refusal to treat, including notes about the patient’s condition.
• Expert testimony from medical professionals who can explain what should have happened.
• Hospital policies that outline treatment obligations and whether those policies were ignored.
• Witness statements from nurses, staff, or others who saw what happened.

Hospitals and insurance companies will argue that a doctor had a valid reason for refusing treatment. Still, when someone’s health suffers because they were turned away, the facts tell a different story.

You can further strengthen your case by:

• Following Medical Advice: If your doctor recommended treatment, such as tests, therapy, or medications, it’s important to follow through. For example, if a physician refers you to physical therapy before considering medication, failing to attend those sessions may weaken your claim. However, if you complied with the treatment plan and your condition didn’t improve, but the doctor refused to reassess or offer alternatives, that refusal could point to negligence.
• Keeping Detailed Records: Document your symptoms, appointments, and any communication with your healthcare provider. If a doctor repeatedly dismisses your concerns or fails to act, those patterns matter. Medical records, test results, and even notes from conversations may show a consistent failure to provide care.‍
• Getting a Second Opinion Matters: If another provider gives you a significantly different diagnosis or treatment plan, it can support your claim that the original doctor’s refusal was unjustified. Second or third opinions, pharmacy records, and outside evaluations can all be powerful evidence.

How Long Do You Have to File a Claim?

Every state has a time limit for filing a medical malpractice lawsuit, known as the statute of limitations. Some states give victims a few years to take action, while others set much shorter deadlines. In some instances, exceptions exist—like when a patient doesn’t immediately realize the harm caused by a doctor’s refusal to treat them. Most of the time, the statute of limitations will be anywhere from 1-3 years from the time of the incident or the time you became aware of the injury.

Medical malpractice cases take time to build. Hospitals and doctors have legal teams that will try to delay or dismiss claims, and evidence needs to be gathered before it disappears. Witnesses forget details, medical records become harder to access, and waiting too long can make proving a case more difficult. Acting sooner rather than later helps ensure the facts are documented while still fresh.

Pierce Skrabanek Can Help

Doctors and hospitals don’t always play fair. They have legal teams ready to protect them when things go wrong. Patients deserve the same.

Pierce Skrabanek represents people who have been dismissed, ignored or turned away when they needed care. Our firm has taken on major hospitals and healthcare institutions and secured millions for clients harmed by medical negligence.

Lawsuits against doctors and hospitals can be complicated, but we don’t back down. Our team moves fast, builds strong cases, and doesn’t let big healthcare corporations push people around.

There’s no cost to call, no fees unless we win, and no reason to wait. If a doctor refused to treat you and it led to harm, call (832) 690-7000 for a free case review today.