Legal Question in Medical Malpractice in Wisconsin

Doctors refusing treatment

Mother was taken to local hospital for life-threatening situation. Chemo-therapy induced dehydration and low WBC count. She does not receive treatment in hometown (town hospital is located) but goes to a Cancer Treatment Center. Local Oncologists refused to treat her, told her flat out that if this happens again they will again not be able to treat her. She was admitted under a general hospital service and treated by an internist during her stay. Her internist's all needed to consult with a local Oncologist however, because they had no idea what to do for her! If someone goes to a hospital for treatment, can doctors who specialize in the care she needs refuse to treat her because she chose to go elsewhere for her chemotherapy?


Asked on 12/11/07, 11:48 am

1 Answer from Attorneys

Michael End End, Hierseman & Crain, LLC

Re: Doctors refusing treatment

I do not know the answer to your question. My hunch is that there is no rule that requires a doctor to care for a patient in the absence of a legal requirement to do so. For example, there is a federal law, EMTALA, that prohibits a person who goes to an emergency room from being discharged in an unstable condition. The hospital is required to provide care to such a patient. My understanding of that law is tht it requires the hospital, not the doctor, to provide care to the emergency room patient. That does not seem to be the case you have presented. It appears that your mother received care from the internist, although the oncologist who was consulted refused to participate in the care. I do not know of any law that requires the oncologist to participate in the care. Again, this is not something that I have run into in my practice so I am just giving you my general thoughts on the subject. I am sorry that I am unable to give you a more definitive answer to your question.

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Answered on 12/11/07, 2:14 pm


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