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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111679
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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This is a hard one... I am a dialysis patient, I am excising

Customer Question

this is a hard one...
JA: What state are you in? It matters because laws vary by location.
Customer: I am a dialysis patient, I am excising my right not to Go to dialysis
JA: Has anything been filed or reported?
Customer: MA
JA: Anything else you want the lawyer to know before I connect you?
Customer: they are forcing my hand to either come in for treatment or go get a psyc eval in the ER
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You have an absolute right in MA to refuse treatment. They do have a duty and obligation to make sure you are competent to make such a decision, which is their reasoning for a psychiatric evaluation. If you are deemed mentally competent, then they cannot force any treatment on you that you refuse. You do not have to go to the ER, you can go to the psychiatrist of your choosing for a "competency evaluation" and if they deem you mentally competent, the hospital nor the Commonwealth can force you to take dialysis.
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Customer: replied 1 month ago.
Do I have to pay for it or the dialysis clinic? If they require it they should pay
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
Unfortunately, you or your insurance would have to pay for it, not the clinic, even though they are insisting that you get one done if you refuse treatment as you are the party that is seeking to stop your treatment and they have a duty to make sure you are competent enough to make such a decision.