can you see a doctor for writing a report on a patient he had never seen

by Ms. Patience Schaefer DVM 4 min read

Can a Doctor Be Liable for Harm to a Patient He Has …

17 hours ago  · Hello No according to state license law a doctor must physically see the patient before writing a prescription, at least once If it is an ongoing patient already in the practice, then the doctor could prescribe a medication for an existing problem, but should see the patient for a new problem. good luck let me know if you have further questions >> Go To The Portal


If your complaint is that your doctor is rude, you may be better off simply finding a new doctor. Tip: If your doctor makes you feel uncomfortable or unsafe, don't be afraid to leave. The one thing you can always do is find a new doctor. You can still report the doctor if you wish, even if you are no longer their patient.

Full Answer

Can a doctor look at our medical reports without our pemission?

Yes a doctor can look our medical reports without our pemission because he is independent to ask any question to us about our health and we should tell the truth,then only he can cure our disease This will heavily rely on the administration of the facility.

How do I find out who my doctor reports to?

If your doctor works at a hospital, call the hospital and ask who's in charge of the department where your doctor works. Tip: If you're not comfortable asking your doctor specifically, you can ask another doctor or a nurse who works with your doctor who your doctor reports to.

Can a doctor discuss a patient's condition with other people?

If the patient has a living will or a healthcare power of attorney, the doctor may only discuss the patient's condition with the people named in those documents. Even in cases not involving traumatic injuries, HIPAA allows doctors to share patient information and records with other health care providers as necessary for their health and treatment.

Who does a doctor report a complaint to?

If the doctor works at a hospital or larger private practice, they likely report to a practice manager or owner, or to a department head. Taking your complaint to this person may achieve results you weren't able to achieve on your own.

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Are doctors allowed to withhold information from patients?

Except in emergency situations in which a patient is incapable of making an informed decision, withholding information without the patient's knowledge or consent is ethically unacceptable.

What is unethical medical practice?

According to a Medscape study, doctors themselves described what they considered to be unethical behavior that can occur in their practice. This includes the following: Withholding treatment to meet budgetary or insurance policy concerns. “Upcoding” to secure patient treatment from an insurer. Covering up a mistake.

Which of the following is not sufficient grounds for revoking a medical license?

Which of the following is not sufficient grounds for revoking a medical license? online access to a variety of health care services and communications with providers. A physician is undergoing professional peer review related to an incident of fraud in his practice.

What is medical Gaslighting?

Medical gaslighting is when a healthcare provider dismisses your complaints or concerns. They don't seem to take you seriously or blame your symptoms on a vague cause (such as stress). And they may send you home without a proper diagnosis or treatment plan.

What is considered unprofessional conduct by a doctor?

Physician conduct/unprofessional conduct complaints are complaints that allege concerns about breach of confidence, record alteration, filing fraudulent insurance claims, misleading advertising, failure to sign death certificates in a timely manner, failure to provide medical records to a patient, patient abandonment, ...

What are some examples of unethical behavior in healthcare?

An unknown percentage of physicians and others rendering health care services do so unethically, with a wide variety of abuses such as: practising without the proper educational qualifications; practising without required licences and registrations; over-charging; negligence; erroneous, unwarranted or uncertain ...

What are reasons to revoke or suspend a physicians license?

Professional incompetence, bad character, immorality, professional misconduct, dishonorable conduct, conviction of criminal offense, and gross negligence form valid grounds for revocation of license.

Which of the following are most common reasons for loss of license to practice for health care practitioners?

The Most Common Reasons Doctors Lose Their Medical LicensesSubstance Abuse. Licensing authorities expect physicians to be sober and clear-of-thought when practicing medicine. ... Insurance Fraud. ... Prescription Drug Violations. ... Patient Abuse. ... Unethical Behavior.

What is the number one factor in whether a patient files a lawsuit against a health care provider or practice?

1. Failure to diagnose a patient's medical condition. Some 31% of physicians surveyed by Medscape said this was the reason for a malpractice lawsuit brought against them, the publication said.

What should you not tell your doctor?

The 10 Worst Things Patients Can Say to PhysiciansAnything that is not 100 percent truthful. ... Anything condescending, loud, hostile, or sarcastic. ... Anything related to your health care when we are off the clock. ... Complaining about other doctors. ... Anything that is a huge overreaction.More items...•

How do you fight patient profiling?

4 steps to avoid patient profilingUnderstand unconscious bias. Implicit bias is far from uncommon; in fact, it is deeply embedded in the human condition, as the American Journal of Nursing suggests. ... Address your own bias. ... Standardize your approach. ... Remember that patients are people.

What is an example of gaslighting?

Gaslighting happens when an abuser tries to control a victim by twisting their sense of reality. An example of gaslighting would be a partner doing something abusive and then denying it happened. Gaslighters may also convince their victims that they're mentally unfit or too sensitive.

What was the first mistake Dr. V made?

Dr. V made two very large errors in this case. The first was to diagnose and prescribe on the phone, without seeing or examining the patient. This is a dangerous proposition, but physicians occasionally do this when the patient is suffering a common or recurrent problem, or there is no other option. However in this case, when the patient’s issues were not improving, Dr. V should have seen her in person.

What did Mrs C complain about?

On July 28 th, Mrs. C called the office again, this time complaining that she was not feeling better and that she had developed a slight fever. Again, the patient spoke only to the receptionist, who conveyed the message to the physician.

Does Dr. V speak to the patient directly?

V never spoke to the patient directly herself. As a physician, Dr. V might have been able to elicit more information from the patient. As a general rule, avoid prescribing and diagnosing on the phone. Do not have a receptionist or non-medically trained person handling phone triage.

How long do doctors keep medical records?

A doctor can only view your records if involved in your care. All offices are required to retain records (including test results) for 5–7 years. After that period, these records can be destroyed. Some places retain records for 10 years as a matter of course.

Can nurses be fired for not having access to medical records?

Nurses have been fired and doctors censured from reviewing files and medical records that they did not have a legitimate need to know reason for accessing. When you access the health care system, however, you implicitly authorize your current care givers complete access to your medical record.

Can you look at a chart if you have a medical reason?

Continue Reading. The HIPAA law (and subsequent hospital and organization policies) are crystal clear on this point. You can only look at a chart if you have a medical reason for doing so, which typically involves being in the direct care of that patient.

Can a doctor date a patient?

First of all, a doctor is never supposed to date a patient that they are treating. In the case of you dating a doctor, they are not allowed to peruse your medical record. However, in this day and age when sexually transmitted diseases are prevalent, I can understand a doctor wishing to look that type of stuff up.

Is a previous doctor compliant?

The “previous doctor” is under no compunction to comply. A problem arises with medical insurance companies that contract with physicians to perform medical services, and pay them for such services. Yes, effectively. Most clinics, hospitals, and private physicians are bound by an oath of patient confidentially.

Can you transfer medical records?

Transferring actual medical records can be a real headache for the sending and receiving medical practices. Different practices have adopted different software that, unfortunately, do not always have compatible data formats. So, that can mean scanning in a printout that you get from the sending practice.

Can a doctor look at a patient's medical records without permission?

No, a doctor not involved in the care of the patient cannot look at their medical records without permission. For more info, you can check out articles published on HIPAA Ready. I believe you're not talking about your attending doctor because his office has your records and can look at it.

Who would need to present insurance information and identification for a visit?

You would need to present your insurance information and identification or payment for the visit followed by an interview and examination by either the physician on duty or a physician assistant or nurse practitioner to determine the validity of your request. This not only protects you but the employer.

What to do if you go to hospital casualty?

If you go to hospital casualty and are in serious difficulty and the doctors feels you are not fit for work, then they can sign you off for a period they feel fit.

Do you have to meet the criteria for accrued sick leave?

You will certainly have to meet criteria for the condition for which you are stating that you need to. Continue Reading. Doctors will need to see you if your illness is serious enough to miss work or if your place of employment is stingy with allowing you to use accrued sick leave.

Can a doctor see you if you miss work?

The above is also true for telemedicine visits. Doctors will need to see you if your illness is serious enough to miss work or if your place of employment is stingy with allowing you to use accrued sick leave. I am a nurse and they won’t even call in an antibiotic for a urinary tract infection sight unseen.

Is it unethical to have a physician extender?

It is entirely unethical for a physician or physician extender (PA or NP) to provide a medical note that excuses you from work or school in the absence of (at minimum) a visual in-person or remote inspection (using telemedicine), as well as a focused interview to determine the history of present illness.

Can you be fired for a doctor's note?

Missed work is missed work so you can, and likely will, be fired if you have an issue with excessive absenteeism .

Can you get a note if you are seen at urgent care?

If you choose to be seen at urgent care, then your asking to be diagnosed and given appropriate treatment, if needed. You cant get a note, unless you have some sort of examination, then, if its determined you can not perform your work duty, and no light duty is available or appropriate, will you get a note.

What happens when a patient brings a personal injury claim?

If the patient brings a personal injury or workers' compensation claim, in which his health is a major issue in the case, the doctor may come to court and testify about the patient's injuries.

What happens if a patient has a traumatic injury?

If the patient has suffered some traumatic injury and cannot make medical decisions for themselves, the doctor may discuss the patient's medical information with their next of kin. The family member will often need this information so they can make an informed decision about the next steps in medical treatment.

Do doctors have to keep medical records confidential?

Medical ethics rules, state laws, and the federal law known as the Health Insurance Portability and Accountability Act (HIPAA), generally require doctors and their staff to keep patients' medical records confidential unless the patient allows the doctor's office to disclose them.

Can health care providers share personal medical records?

However, health care providers generally can 't share personal medical information and records with providers who aren't involved in the patient's care, unless all personal identifiable information is removed. Thank you for subscribing!

Can a doctor share medical records without permission?

However, there are a variety of circumstances under which a doctor may share the information in medical records and personal medical information without permission from the patient. The following are some examples.

Is medical information considered sensitive?

Information in medical records is considered highly private and sensitive . But are there ever instances where a doctor may share patient information without their permission? It depends, but generally only under extraordinary circumstances.

Can a doctor use your health information?

Doctors can also use your health information if necessary to protect public health, such as reporting a flu outbreak. Doctors must also report suspected cases of child abuse, even when the child or parent don't expressly authorize the disclosure.

What did the NP find about the patient?

The NP found that the patient had a high white count and so suspected an infection. The patient also had an elevated blood glucose. The NP tried to get the patient admitted to the hospital, a process which required vetting the case with a hospitalist.

What did the cardiologist know about the ER physician?

The cardiologist knew that the ER physician was relying specifically on his advice. In Dinter, the notation of “hospital protocol” is also one to keep in mind. The hospitalist had a contract to accept calls from off-site practitioners and to make evaluations on admission.

Why was the cardiologist denied dismissal from the lawsuit?

In that case the cardiologist was denied dismissal from the lawsuit because the court found that an implied physician-patient relationship arose in this setting. The cardiologist knew that the ER physician was relying specifically on his advice.

When does a physician owe a duty of care to a third party?

This, then is the critical holding: “A physician owes a duty of care to a third party when the physician acts in a professional capacity and it is reasonably foreseeable that the third party will rely on the physician’s acts and be harmed by a breach of the standard of care.”. In this case the patient was reliant on the hospitalist’s decision.

Can a doctor be held liable for malpractice?

Medical bulletin boards and blogging sites concluded that now a doctor can be held liable for malpractice even if there is no ...

Can a judge make you responsible for a random patient?

So, in summary, don’t get upset that a judge just made you responsible for any random patient because that is not what happened. The analysis of whether a physician-patient relationship exists – creating a duty owed to a patient – followed a long-standing legal tradition.

Can a patient incur liability for a consult?

Keep in mind when a patient or practitioner foreseeably relies upon your wisdom in a consult you may incur liability. Also, if you are doing contractual call in an ER, you owe a duty to the patient, even if you never meet them…just as you always have.

What happens if a doctor fails to disclose results of a medical exam?

If your doctor has failed to disclose the results of your medical exam, you may be entitled to legal relief. You should contact a personal injury lawyer as soon as possible while the events are still fresh in your recollection. An attorney can help specify your course of action if you have been injured as a result of your doctor’s errors.

Why do doctors not disclose test results?

A doctor might fail to disclose test results for several reasons. For one, they may simply forget to tell the patient about the test results. More often, test results can be lost or confused along the chain of communication in a hospital . Test results are often relayed between several different people, such as from a nurse to ...

Why is it important to keep medical records?

These records and receipts may be useful in reminding yourself and others what tests have been performed on you and what test results you are currently entitled to receiving.

Do you have to know the results of a medical exam?

As the patient, you are entitled to know the results of your medical exams. All medical professionals are held to a high standard of medical care, and that standard of care includes informing the patient of the outcome of any medical test or examination, such as a colonoscopy or a mammogram, that is performed on them. Your doctor should also inform you of the purpose of the medical exam, and also of any dangers or side effects that might result from the exam.

Can you file a medical malpractice lawsuit?

Additionally , you may be able to file a medical malpractice lawsuit if your injury is particularly serious. You will have to prove in court that you received actual injuries as a result of the doctor’s failure to communicate test results. Also, you will need to prove that the failure to communicate test results is directly traceable to your doctor.

What to do if your doctor continues to be the same?

However, if your doctor continues with the same behavior, even after you've had a conversation with them about it, you may want to report the doctor to someone else, or consider looking for a new doctor. You may want to research the rules that govern doctors' behavior to see if your doctor has violated one of those rules.

How to write a letter to a doctor?

Draft a letter outlining your complaint. Write a formal business letter that briefly explains who you are and describes the incident or the reason you're complaining about the doctor. Include as many specific details as you can, including the date and time the incident (or incidents) occurred.

What to do if your doctor is rude?

If your complaint is that your doctor is rude, you may be better off simply finding a new doctor. Tip: If your doctor makes you feel uncomfortable or unsafe, don't be afraid to leave. The one thing you can always do is find a new doctor.

What to do if your doctor works at a hospital?

If your doctor works at a hospital, call the hospital and ask who's in charge of the department where your doctor works . Tip: If you're not comfortable asking your doctor specifically, you can ask another doctor or a nurse who works with your doctor who your doctor reports to.

What to do if your doctor says something that offended you?

If your doctor said or did something that offended you, try to understand their intentions first.

How to describe your doctor's behavior?

Avoid emotional pleas and loaded language. For example, instead of saying that your doctor was rude, provide specific examples of instances in which your doctor was rude.

What to do if you don't like a doctor?

If you don't like the doctor, if they are rude to you or make you feel uncomfortable, sometimes the best response is simply to find another doctor.

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