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Patrick, Esq.
Patrick, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 11491
Experience:  Attorney with significant personal injury experience
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Been seeing hand surgeon. Had all diagnostic testsWas diagnosed

Customer Question

Been seeing hand surgeon. Had all diagnostic tests
Was diagnosed with ulner nerve compression
and De Quervains in left extremity. Surgeon
said surgery or loss of function. So the date
was set. 4 days prior her office called and cancelled
Doctor wont return calls let alone resched. By now
I wouldnt trust her to open my arm anyways
I need to find someone else asap. But
wondering, can she just drop the ball and
make me suffer? Do no harm ? What gives
Submitted: 3 years ago.
Category: Personal Injury Law
Expert:  Patrick, Esq. replied 3 years ago.
Good evening and thank you for entrusting me to answer your question. I am very sorry to hear that your surgeon abruptly cancelled and completely understand how you must feel.

Unfortunately, surgeons have a right to choose who they treat, just like professionals in other industries have the right to choose their clients. Refusal to treat only constitutes negligence in emergency situations where the failure to provide medical care will result in immediate harm (i.e., a cardiologist must attempt to revive a patient who goes into cardiac arrest).

So, unless you can argue that this sudden cancellation is going to result in you incurring irreversible nerve damage (which I think would be a very difficult argument to make) the surgeon is within their legal right to deny treatment, even on short notice, and there would be no basis to pursue a damages claim against them.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.

Expert:  Patrick, Esq. replied 3 years ago.
Joanie,

I just wanted to followup with you because you have not respond to my answer or rated my service to conclude our exchange. Did you have any questions regarding what constitues emergency care or anything else concerning this matter?

I look forward to your reply.