Skip to main content

Why would a patient possibly being in litigation deter another doctor from seeing that patient?

Homestead, FL |

I made an appointment to see another doctor after adverse reaction from procedure at another hospital. Made no mention of suit or name of hospital because there is no suit. Then 2 days before appt secretary calls me and says my appt was canceled but "did I have a lawyer?" If yes, then no appt. If no, then I can see the doctor.

Attorney Answers 5


  1. Doctors don't want to get involved in litigation, as it would take them away from their practice and cost them money from lost patient revenues.


  2. Doctors steer clear from patients who are litigating a case related to treatment. They don't want to be called as a witness or expert.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  3. Litigation as a subpoenaed witness can cost a doctor thousands of dollars- cancelation of appointments , impacting other patients. Some doctors offer their services as expert witnesses--they charge thousands of dollars per event.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


  4. A subsequent treating physician can be subpoenaed to give a deposition or even testimony at trial. It is inconvenient but those physicians who are willing to advocate for their clients regardless of the impact are very special.


  5. While I agree to some extent with my colleagues who have previously provided reponses to your question, in general a subpoenaed provider can request and generally will ultimately receive adequate and more than reasonable compensation before being compelled to testify either in a courtroom or in a deposition.

    The issue which seems to be at issue here, in reality, seems fairly self-explanatory....don't you think?

    If you have sued before, or are suing, many providers...generally mistakenly....presuppose that you are litigious patient and are therefore unwilling to accept you as HIS OR HER new patient.

    LOL. Pretty simply stuff. Even if it isn't exactly sound reasoning, by and large.

    We are pleased to offer a free thirty (30) minute initial telephone consultation (simply dial {305} 972-5720), or, if you prefer, a free thirty (30) minute initial office consultation. Neither this offer of a free initial consultation, nor the mere fact that the initial consultation may have ultimately been conducted, whether telephonically or at our office location, should be construed; assumed; interpreted; or understood by any individual who was granted a free initial consultation for which no consideration of any sort whatsoever was tendered, to have formed or created an attorney-client relationship, or to have created any obligations owed by the attorney or attorney's firm to any individual who was given a free initial consultation, by the mere undertaking of the free initial consultation for which no consideration of any sort was tendered to attorney or attorney's firm. The formation of an attorney-client relationship occurs through the process of negotiation between the prospective parties, the individual seeking legal representation, and the attorney, acting individually, or as an agent of a firm (the capacity in which the attorney is acting shall be disclosed to prospective client, if negotiations for legal representation in exchange for good and valuable consideration are undertaken by the prospective client and the attorney. If agreement is reached by and between the parties for legal representation after the mutually satisfactory negotiation of the agreement for legal representation, and all of its individual terms; the scope of representation to be provided by the attorney to the prospective client has been delineated to the mutual satisfaction of the parties; the manner of payment of good and valuable consideration by the prospective client to the attorney has been determined; and it has been conceded by the parties that all of those factors upon which agreement had been reached by the parties and which were recited herein, had been agreed upon by the parties only after careful consideration and sufficient review of the document styled Agreement for Legal Representation, and after it has likewise been conceded by the parties that each respectively had been presented with the opportunity to have the document reviewed independently by each respective party's personal attorney, or any other attorney of his or her chooosing. If the Agreement for Legal Representation contains terms regarding contingency fee agreement or agreements for payment to the attorney for all or a portion of his or her services and legal representation on behalf of the Client, Client concedes that he or she has been presented with an additional document entitled "Statement of Client's Rights", which is a document created by the Florida Bar and approved for use in matters in which payment in full or part, is tendered by contingency fee agreement. Please note that any commentary or response offered through this site is based on the limited set of facts and background data supplied by the individual framing the question and would in all likelihood require more investigation before a complete response could properly be framed to thoroughly answer the question posed. No attorney-client relationship is, or should be presumed to be, formed through the comments or responses provided to the individual posing the question, as a courtesy, here, through this forum, nor should any other duties or obligations be construed; assumed; or otherwise be inferred to exist and/or owed to the individual who posed the question by the attorney who provided the best guidance possible to said individual under the circumstances presented as they were, including the unreasonable assumption that a full and thorough legal analysis of an individual's situation could be formulated simply based on the minute portion of the entirety of the facts and circumstances surrounding any legal matter, which could in no manner possibly be presented here in such a form which would allow for a thorough analysis, evaluation, or legal opinion to be formed by the Attorney.

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics