Results 1 to 4 of 4
  1. #1
    Join Date
    May 2019
    Location
    Arizona
    Posts
    1

    Default Can a Doctor be Required to Practice Specialty Medicine at a Local Community Hospital

    My question involves malpractice in the state of: ARIZONA

    I am a surgeon and am double board certified. If I do not wish to practice one of my two specialties, am I allowed to still work at the same hospital while telling the hospital administration that I choose not to practice that specialty? In other words, does the hospital have any legal power to obligate me to practice that specialty because I am trained to do so?

    If a patient comes in needing services that I am capable and certified to provide, but choose not to because I voluntarily forfeited my privileges to do those specific procedures, am I medicolegally within the law to refer that patient to another facility that provides that particular service? Can I be held liable if I choose not to provide those services that I no longer wish to perform? What if it is an emergency situation?

    Thanks in advance for any help this forum can provide.

    -RR

  2. #2
    Join Date
    Oct 2014
    Posts
    7,168

    Default Re: Am I Obligated to Practice My Specialty at My Local Community Hospital

    Quote Quoting paradiddler
    View Post
    My question involves malpractice in the state of: ARIZONA

    I am a surgeon and am double board certified. If I do not wish to practice one of my two specialties, am I allowed to still work at the same hospital while telling the hospital administration that I choose not to practice that specialty? In other words, does the hospital have any legal power to obligate me to practice that specialty because I am trained to do so?
    The hospital is under no obligation to allow you to work there in the first place. As a result, this is a negotiation like anything else. The hospital is free to tell that in order for you to be given hospital privileges you must work both specialties. You are free to say no, you will only do one. The hospital is then free to deny you privileges at that hospital if it is not willing to agree to your request to limit your practice.

    Quote Quoting paradiddler
    View Post
    If a patient comes in needing services that I am capable and certified to provide, but choose not to because I voluntarily forfeited my privileges to do those specific procedures, am I medicolegally within the law to refer that patient to another facility that provides that particular service? Can I be held liable if I choose not to provide those services that I no longer wish to perform?
    Outside of an emergency situation the law does not require that you treat anyone (though of course you may not refuse treatment based on illegal discrimination).

    Quote Quoting paradiddler
    View Post
    What if it is an emergency situation?
    A federal law known as the Emergency Medical Treatment and Active Labor Act (EMTALA) requires the emergency department of the hospital to provide treatment to anyone coming there in an emergency. The goal of this law to prevent hospitals from dumping less desirable patients on other facilities. If you work in the ER the ER will expect you to treat those emergency patients that you are able to treat to ensure the hospital meets its requirements under this law. Moreover, the doctor may be subject to a penalty of up to $50,000 for failing to treat. Although I did not find it in a quick search, Arizona law may impose similar obligations for emergency medical care. You may wish to consult an attorney familiar with the requirements of medical practice in that state for advice.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,198

    Default Re: Am I Obligated to Practice My Specialty at My Local Community Hospital

    Quote Quoting paradiddler
    View Post
    What if it is an emergency situation?
    You did take the Hippocratic Oath didn't you?

    Scheduled procedures that you do not want to preform in the specialty you do not want to practice is a matter of your contract with the hospital. You should talk to them for the answer.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,434

    Default Re: Am I Obligated to Practice My Specialty at My Local Community Hospital

    am I medicolegally within the law to refer that patient to another facility that provides that particular service?
    it sounds like you are intentionally refusing to perform services you may have been hired for and then recommending the patient to, what is likely, a competitors business. You need to take your contract to an attorney and let them read it. If you are interfering with your employers business, you could have some serious issues. The financial liability could be huge.

    1. Sponsored Links
       

Similar Threads

  1. Medical Malpractice: Can a Doctor Refuse to Refill Anti-Seizure Medicine
    By CuriousMind in forum Malpractice Law
    Replies: 5
    Last Post: 01-29-2017, 01:40 PM
  2. Other Offenses: What Does it Mean to Practice Medicine Without a License
    By Steve418 in forum Criminal Charges
    Replies: 4
    Last Post: 07-22-2016, 06:46 AM
  3. Public Health Issues: Blocked from Following Doctor to a New Practice Due to Non-Compete Agreement
    By undergradWA in forum Public Health and Welfare
    Replies: 3
    Last Post: 09-06-2012, 10:12 AM
  4. Medical Malpractice: Doctor Prescribes Medicine Despite Patient's Allergy
    By mylilangels1433 in forum Malpractice Law
    Replies: 8
    Last Post: 12-16-2011, 09:05 PM
  5. Private Investigators: Can you find out why a doctor left a practice
    By blueyedchevygrl in forum Legal Practice
    Replies: 1
    Last Post: 11-12-2005, 11:09 AM
 
 
Sponsored Links

Legal Help, Information and Resources