“Will doctors treat me differently if they know I’ve sued a healthcare provider?” This question prevents many medical malpractice victims from pursuing valid claims. It is natural to worry about facing treatment refusal or discrimination during recovery.
Understanding your legal protections can relieve this anxiety and empower you to move forward.
The current provider relationship
When you sue the doctor who injured you, your relationship with them fundamentally changes. Your physician or hospital will usually stop providing your care after you file a lawsuit. This is a normal and legally expected step, not retaliation.
Your provider, however, cannot simply abandon you. They must follow established protocols to ensure a smooth transition of your care to a new doctor. They must give you enough time to find a new physician and transfer your medical records.
Protections against retaliation
Filing a lawsuit does not close doors at other medical facilities. Providers cannot legally deny you necessary treatment just because you sued someone else.
The standard of care remains the same for all patients, regardless of legal history. Refusing you emergency care based on a past lawsuit is illegal under federal laws.
You keep your right to choose medical providers, though individual doctors can decline new patients for non-discriminatory reasons. Your medical records, while relevant to your claim, remain protected by confidentiality laws.
Accessing new providers for ongoing care
It is critical to proactively secure new healthcare providers who will manage your ongoing medical needs.
Consider finding a doctor outside the network where you filed your claim to establish a fresh relationship. Clearly communicate your needs for specific treatments and rehabilitation to your new care team.
If a provider refuses you non-emergency treatment, document their stated reason for the decision.
Pursuing justice can improve your future care
A successful medical malpractice lawsuit can give you the financial resources to afford the best future care. Your compensation typically covers future medical expenses, rehabilitation and specialized treatment for your injury.
This financial support ensures you will not be limited by costs when seeking top specialists. You gain control over your healthcare choices and can select doctors based on quality, not just who is immediately available.