Is it legal for a Doctor to have you blacklisted with an entire network of doctors?
Is it legal for this large network of doctors to have you on this sort of blacklist? Do I have any recourse under these circumstances?
4 attorney answers
Without more than you describe, it is not possible to determine if your "blacklisting" is in some way illegal or unethical. A doctor in private practice is not automatically required to accept a person as a patient, just because the patient wants to be treated by that doctor. As already suggested to you, get all of your records from this "network" and have them looked at to see if there is any notes/notations which would serve as a basis for your "blacklisting".
If you get your records and see the notation, "DSB" anywhere, you will have your answer. That means that at some point in your treatment with your doctor, he or she perceived you as engaging in "drug seeking behavior." This could lead other physicians to avoid treating you. There might also be a notation of, "PITA," or "pain in the ass." I kid you not. This notation might make a doctor decline to treat you. There is nothing illegal about a physician noting character information in your chart. It would likely be unethical for a physician to put a note in your chart saying,"Do not treat this patient." However, it is not unethical at all for a doctor to note your demeanor during a visit.
Of course, to deny you treatment on these bases, the physician would need access to your records. Under HIPAA laws, these other doctors cannot see your records unless you sign authorizations for them to do so.
We are Serious lawyers for the Seriously injured. I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not legal advice. These opinions are thoughts based on New York practice. We have no attorney-client relationship. Conducting a conversation with me through the avvo comments section does not create an attorney-client relationship. Past results are not necessarily indicative of future performance.
Thanks for your response. It raises some interesting questions related to my circumstances. This is a large medical group affiliated with a local hospital. I've requested my records, however they appear to be doing this in a way where my records don't immediately apply to the situation. Basically, they've denied my ability to make any appointments with the company, claiming I'd been "discharged". After looking into it, it appears "discharged" is quite clearly a euphemism for having been "blacklisted". So, no particular doctor has to even see my records, since I can't get any appointment now anyway. In other words, my medical records aren't part of the equation here. I had been treated at this facility in the past, however the doctor I was attempting to see is one I've not been treated by previously. They're basically saying I can't get an appt with anyone at this large and growing group of doctors.
You may be reading this right. I'm sorry for your trouble. Are there other specialists in your area you could consult with?
Yes, there's probably someone else I can find, though it creates unnecessary and concerning delay and inconvenience. I don't have great insurance and the doctors that would accept it were already somewhat limited in number. What's really disturbing with all of this though is that its been done with no notice, no discernible process that can be questioned, and on a basis that seems fairly outlandish. Because patients rights don't seem to be well protected in this area, I'm actually thinking more along the lines of pursuing it based on a discrimination action against this medical group.
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With the advent of the electronic medical record, it is entirely possible that the network of physicians share a common database. The first step to take is to request your medical record and review it carefully. If it contains inaccurate information you can demand an amendment. Physicians have no duty to treat unless the doctor-patient relationship is established. I am afraid you may have few legal remedies.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
You might consider speaking with the administrator of the network to see what you can find out. Otherwise consult with an attorney and see what your options are. Good luck.
*This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
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Thank you for your response. I've requested the records, I'll see what if anything I get. This is a company that's affiliated with a local hospital. They have a large number of doctor's working for them. I've been there in a few years ago, and called to make an appointment with one of their doctors that I'd not seen before. The company would not give me an appointment, saying I'd been "discharged". After speaking briefly with an administrator for their company, I determined that being "discharged" is apparently the equivalent of having been "blacklisted". The problem is this a big and growing company that encompasses quite a large number of doctors. Without any process, and without my prior knowledge, they've hampered my ability to locate medical treatment.