Can a doctor refuse treatment under any circumstance?

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Answer By law4u team

Yes. A doctor in India can refuse treatment in certain limited circumstances, but the refusal must comply with professional ethics, statutory duties, and patient rights. Situations where refusal may be valid: Lack of expertise or facilities – If the doctor or hospital is not equipped to handle the case, they may refer the patient elsewhere, but must provide basic first aid or emergency care before referral. Non-emergency and non-life-threatening cases – A doctor may refuse treatment for elective or routine procedures, provided refusal is not discriminatory (based on caste, religion, gender, etc.). Non-payment of fees – In private practice, doctors may refuse non-emergency treatment if the patient is unwilling to pay agreed fees, but cannot stop ongoing critical care. Breakdown of doctor-patient trust – If communication and cooperation have completely broken down, the doctor may withdraw from treatment after giving reasonable notice. Conscientious objection – A doctor may refuse to perform certain procedures (e.g., abortions) based on personal beliefs, but must follow the Medical Termination of Pregnancy Act rules and refer the patient to another competent provider. Situations where refusal is not allowed: Emergency or life-threatening conditions – Under both medical ethics and the Bharatiya Nyaya Sanhita, 2023 (BNS), refusal to provide emergency care can lead to criminal liability for negligence. Public hospital duties – Government doctors cannot refuse treatment on arbitrary grounds.

Answer By Anik

Dear Client, A doctor has a duty which is both moral and professional to provide care but they are not by law required to see every person that seeks it. But there are also very specific and critical exceptions to this rule. When a Doctor Cannot Refuse Treatment In an Emergency: A doctor does not have the right to turn away from emergency or life threatening situations. This is the greatest exception to the rule. As per the laws put forth by the National Medical Commission (NMC) which took over from the Medical Council of India (MCI) a physician is to be always prepared to attend to the call of the sick and the injured. In the event of a patient’s life which is in immediate peril a doctor is to render first aid or that which is required to save life without delay and also must not turn away based on the patient’s ability to pay or the lack of specialized facilities. . After Starting Treatment: Once in the care of a patient (that is the doctor has begun a course of treatment) the doctor is not to leave that patient. We must report on and through the completion of that patient’s stabilization, discharge, which may include transfer of care to another competent medical provider with notice. On Discriminatory Grounds: A doctor is not to turn away a patient based on that person’s religion, race, ethnicity, gender, sexual orientation, or social status. Such action would be a serious violation of medical ethics and may result in professional misconduct. When a Doctor Can Refuse Treatment A doctor may decline to treat a patient in the following cases:. Non-Emergency Situations: A doctor has the right to turn down a patient which is not in a critical or emergency condition, also if the doctor does not think he can give the best care or is out of that particular area of practice which is related to the patient issue. Lack of Expertise: A physician may turn down a case if what is presented is out of the physician’s scope of practice or experience. Also in which case the doctor is charged with the responsibility of referred the patient to an appropriate specialist or different health care facility as soon as possible. Patient Misconduct: A doctor may turn away a patient which is abusive, violent, or that which repeatedly breaks medical advice, of which we do not consider emergency situations. Informed Refusal by the Patient: An adult patient which is of sound mind has the right to reject medical treatment and a doctor must honor this choice. To go against a patient’s will in treatment is a breach of their right to self determination. Professional Judgment: A doctor may choose to not perform a procedure which they determine to be without medical value or against their professional opinion. In the end while a doctor does have some choice in nonemergency cases that which of saving a life in an emergency is primary is of great importance. That which a doctor puts off treatment to a patient in an emergency is professional misconduct which they may be held responsible for. I hope this answers your questions but if it doesn’t please don’t hesitate to get in touch. Thank you!

Answer By Ayantika Mondal

Dear Client, In accordance with Indian law and medical ethics a doctor is to care for his patients. But in some limited cases the doctor may legally and ethically turn down treatment. A doctor may deny treatment in cases of:. In non-life threatening cases where the doctor is out of capacity, does not have the required specialist knowledge, or the proper resources are not available we have that. Non payment of fees -- In elective or non emergency treatments a doctor may turn down a patient’s case if payment is not made or an agreement reached. Violation of ethical and legal principles For example breaking MCI and National Medical Commission (NMC) rules by not performing certain procedures. In case of abuse, harassment, or patient non compliance. In emergency or life threatening situations a doctor has no right to turn away treatment as per Article 21 of the Constitution of India (Right to Life), the Supreme Court’s ruling in Parmanand Katara v. Union of India (1989), and the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations 2002. Also in such cases refusal of treatment is to be considered negligence or professional misconduct. To that effect, it is the case that while a doctor may turn down treatment in non emergency or what are considered specific justified situations they are by law and ethics required to render care in an emergency which in turn supports the patient’s right to life and health care. I wish this does answer your questions which if it does not please do not hesitate to get in touch. Thank you!

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