A dr refused treatment unless I exposed my genitals. Can I sue?

[quincy]

Hope what happens? The first thing my doctor told me when she examined me for an injured shoulder was "Mr. Zigner, you can put your pants back on."

Hahaha.

 

[CTU]

Examining the lymph glands in the groin area is a routine part of the exam - especially for a new patient. The patient is absolutely entitled to ask that someone else be present, and in all of my years - keeping in mind my background is medicolegal - I have never known this request to be denied.

So, there's that.

 

[quincy]

Examining the lymph glands in the groin area is a routine part of the exam - especially for a new patient. The patient is absolutely entitled to ask that someone else be present, and in all of my years - keeping in mind my background is medicolegal - I have never known this request to be denied.

So, there's that.

And there is always the option of going to another doctor.

Both patients and doctors can sever their doctor/patient relationship at any time.

There is no lawsuit against the doctor available for Jude to pursue based on what he has said.

 

[CTU]

And there is always the option of going to another doctor.

Both patients and doctors can sever their doctor/patient relationship at any time.

There is no lawsuit against the doctor available for Jude to pursue based on what he has said.

Oh absolutely. It just never fails to amaze me that people seem to think "LAWSUIT!" loooooooooong before they think "Hmmm ... I should really think more about what I perceive just happened and maybe explore this further with the doctor".

 

[Taxing Matters]

California

I went to an endocrinologist who tried to do a genital exam on me. When I told him I was not willing to expose myself, he said he would not treat me unless I did so.

Note: My condition can easily be assessed by blood work. Genital inspection is NOT neccessry to recieve treatment. I have seen other endos who did not try and force invasive inspection upon me. Not only is blood work sufficient enough, but it will tell the provider far more than genital exams ever could. I also have a witness to this conversation.

Do I have grounds to sue?

Not based on what you have said above. He sought to do a genital exam, you said no. He didn’t force the exam, he simply said he would not treat you unless you agreed to the exam. No law prohibits the doctor from asking to do the exam nor does any law obligate the doctor to treat you. You do not seem to to contest that a genital exam might be somewhat useful in diagnosing and/or treating your condition but rather it is your (non expert medical) opinion that it just wasn't needed as a blood test would be just fine. That’s fine, and if you can find another doctor willing to treat you without the genital exam, great. But just because not all doctors would do the genital exam does not mean that it was not within the bounds of sound medical practice to seek to do the exam. As the doctor did not breach any duty he owed to you, there is no basis to sue and thus no need to even get into a discussion of damages, though I will simply say that there are several hurdles here on the damages front, too.

 

[quincy]

Oh absolutely. It just never fails to amaze me that people seem to think "LAWSUIT!" loooooooooong before they think "Hmmm ... I should really think more about what I perceive just happened and maybe explore this further with the doctor".

It is certainly a puzzle.

Lawsuits really aren't fun and they are time consuming and costly. I would think people would do everything they could to AVOID a lawsuit instead of seeking out ways to involve themselves in one. Especially since these same people often try so hard to avoid jury duty.

 

[justalayman]

I'm aware of the reasons. I have had this condition for a long time. I've been treated for this condition a decade before this man ever met me. As I said before, there's nothing he couldn't learn from blood work that he assumes he'd find in my pants.

The medication in which I needed does not recruited genital examination. It does not pertain to my genitals. It's not like I said I had herpes and asked for herpes medication then refused examination.

I have had another dr tell me that it is uneccisary before. I have had another dr separate from the first respect my wishes when I said no. That proves it is not apart of the process.

That being said, it's called being a damn creep!

You have never stated a genital exam is not valid at some level for your malady. Presuming it is a valid exam, it comes down to: this doctor uses this method of examination and that’s the way it is. If you prefer a doctor that doesn’t utilize this manner of examination for your malady, your option is to say no and find another doctor. Even if you have a complete mental breakdown due to this doctors requests, you would have no case.

If there is absolutely no doctor that include a genital exam for this malady, then contact the doctors licensing agency and possibly the police. Otherwise, get over yourself. Doctoring is generslly an intrusive activity.

 

[JudeLaw]

Examining the lymph glands in the groin area is a routine part of the exam - especially for a new patient. The patient is absolutely entitled to ask that someone else be present, and in all of my years - keeping in mind my background is medicolegal - I have never known this request to be denied.

So, there's that.

A patient also has the right to deny the exam. If they didn't, the other 3 drs I've seen would have told me it was non negotiable and denied me treatment just like this scumbag did. My condition doesn't effect the lymph glands, so yet again, an examination was unnecessary.

 

[JudeLaw]

No one here seems to be giving any actual legal advice. It seems like one big joke to most of you people.

 

[Just Blue]

No one here seems to be giving any actual legal advice. It seems like one big joke to most of you people.

You were given legal advice. You have no case. If you like hire an attorney to tell you the same thing.

 

[Taxing Matters]

No one here seems to be giving any actual legal advice. It seems like one big joke to most of you people.

This site does not give legal advice. You need to go to an attorney, lay out all the evidence you have, and get your legal advice from that attorney. We provide general legal information and while some responses in this thread were undoubtedly not helpful in addressing your question, a couple of them did directly address what you asked. I understand that you probably did not like what you read, as the posts pointed out problems you would have in winning any money judgment against the doctor. Even information you may not like to hear can still be valuable and useful, however.

 

[CTU]

A patient also has the right to deny the exam.

And nobody here said otherwise.

If they didn't, the other 3 drs I've seen would have told me it was non negotiable and denied me treatment just like this scumbag did.

Uh ... no. That's not how it works.

My condition doesn't effect the lymph glands, so yet again, an examination was unnecessary.

Well, then.

 

[quincy]

A patient also has the right to deny the exam. If they didn't, the other 3 drs I've seen would have told me it was non negotiable and denied me treatment just like this scumbag did. My condition doesn't effect the lymph glands, so yet again, an examination was unnecessary.

Exactly. The patient can refuse treatment and the doctor can refuse to treat. Both are perfectly legal.

You felt uncomfortable with the exam that the doctor wanted to perform and you declined it. The doctor did not force you into having an exam you did not want.

You can now find a doctor who will not perform that type of exam.

But there is still no lawsuit available for you to pursue against the doctor, at least in what you have disclosed so far.

 

[FlyingRon]

Even if we take the most generous (to you) that a genital inspection is 100% unwarranted, you don't get to sue unless:

1. You actually did show him your genitals under coercion of not receiving treatment or some other overbearing reason.
-or-
2. Your condition was so emergent that you having to go elsewhere subsequent to the untoward request seriously damaged your health.

Somehow, I doubt either case applied to you.

 

[justalayman]

No one here seems to be giving any actual legal advice. It seems like one big joke to most of you people.

They’ve given you sound direction. You have no viable legal action. You have no valid basis to complain to the dr’s licensing board.

Ya got nothing.

Time to be upset about something else.