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What to do if your doctor refuses to order necessary tests

On Behalf of | Jun 27, 2024 | Medical Malpractice

When you seek medical help, you trust that your healthcare provider will take all necessary steps to diagnose and treat your condition. This is not always the case. Patients have the right to competent and thorough medical care. If you are denied this right by a doctor refusing to order tests that could identify what’s wrong, it’s crucial to know your rights and options.

Steps to take if you are refused

Following a doctor’s refusal to order tests for you, there are crucial steps you should take. 

Do not hesitate to consult another healthcare provider for a second opinion. This is vital if you have new or persisting symptoms. You should also keep detailed records of all your symptoms and medical interactions. Pay extra attention to the documentation of discussions about your condition and any requested tests.

It’s important to remember that a refusal might be due to a misunderstanding about your symptoms. This is why it’s important to communicate clearly, address concerns, and ask your doctor to explain their reasoning in detail.

Legal options

Under New York law, failing to request tests may constitute medical malpractice. If you have a suspicion that your healthcare provider is being negligent there are some things you should know.

Not ordering the correct tests may lead to failure to diagnose and worsen symptoms. This premise could be the grounds for a malpractice lawsuit. In New York, you must prove significant evidence that the doctor has breached the standard of care in order to file.

It can be wise to consult a medical malpractice lawyer to receive advice specific to your situation. They will be able to confirm if you have a viable case and provide guidance.

Keep in mind that If you have a desire to pursue a legal case against your doctor, the statue of limitations for a malpractice lawsuit is two and a half years from the date of the alleged malpractice. However, there may be exceptions or an extension made for cases involving ongoing care.

Promoting your health and legal interests

It’s crucial to advocate for your own health. Additional tests may be necessary, so communicating with your healthcare providers is an essential step. Understanding and exercising your rights can not only safeguard your health but also ensure that you receive the level of care you deserve.


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