Legal Question in Medical Malpractice in Virginia

Can Physicians refuse treatment to uninsured Patients

Young woman being treated by Gynocologist, gets to the

operating table, begins anesthesia, finds insurance cancelled..cancels surgery..no explanation.

Now no other Physicians with this specialty will treat her. She has a large mass in the uterus and has

been told that it may strangulate causing gangrene.


Asked on 1/19/00, 1:29 pm

1 Answer from Attorneys

Benjamin Glass Law Offices Benjamin W. Glass & Associates

Re: Can Physicians refuse treatment to uninsured Patients

Generally speaking, a physician is under no duty to treat an uninsured patient. There are federal laws about "dumping" patients who present with an emergency and who are not stable but it would not appear that this is what you are describing. I would be interested in the insurance issue and what caused it to be cancelled. Did the patient know, before going to the hospital, that it was cancelled? Was it properly cancelled. Basically I would need more details on what exactly happened as it is very unusual to not have pre approval. It is very unusual that anesthesia would actually be started, then get info that coverage cancelled.

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Answered on 1/24/00, 4:26 pm


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