Legal Question in Medical Malpractice in Georgia

Patients right to refuse

Does a patient have the right to refuse a test and still receive medical treatment. Example: female having abdominal pain, the physician wants to do a vaginal exam, the patient refuses. The patient is told she would have to sign out Against Medical Advice. Is this legal? Should she have been offered an alternative test like ultrasound. Doesn't she still have the right to treatment under EMTALA.


Asked on 2/05/08, 5:22 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Patients right to refuse

You are essentially asking lawyers here to second guess the examining doctors as far as what "should" have been offered. No one can possibly answer that question in this context.

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Answered on 2/06/08, 9:44 am


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