Is Failure to Refer Considered Medical Malpractice in New Jersey?

When people wish to become a physician, they go through a great deal of schooling and training. While some do so to become general practitioners, there are others who specialize in certain areas of medicine. If a patient’s regular doctor discovers a symptom or condition they are not familiar with, they have the responsibility to refer the patient to a doctor who can provide specialized care. If they fail to do so and the patient suffers injuries as a result, it may be considered medical malpractice. In these situations, the patient may be entitled to compensation for the damages incurred as a result. Continue reading below to learn more.

When is a Doctor Referral Necessary?

Doctor-patient relationships require the doctor to provide the patient with treatment until it is no longer necessary or the patient ends their relationship. This means that if the doctor discovers a symptom or condition they do not have the knowledge to treat, they cannot turn the patient away. Instead, the doctor is legally required to provide the patient with a referral to see another doctor who could possess the knowledge to treat them. 

The “standard of care” that is required in referral cases is determined by what other doctors with similar qualifications would do if they were in that situation. If another doctor would have referred the patient to a specialist, they are required to do so themselves. If they fail to do so and deviate from the standard of care, the doctor can be held liable for any injuries they happen as a result. 

How Can the Failure to Refer Harm a Patient?

Doctors who fail to refer their patient to another doctor can cause them serious harm as a result. Some results of a failure to refer can include the following:

  • The condition or illness worsening to the point of being irreversible 
  • A misdiagnosis of a condition or illness due to insufficient knowledge
  • A delayed or missed diagnosis caused by the failure to refer a patient 

When a doctor fails to refer a patient to a specialist or other medical professional, it can result in serious consequences and sometimes even fatalities. When this happens, patients or their families (in the event of death) may be able to recover damages for the medical expenses, lost income, pain, and suffering that was caused by the incident. 

Contact our Firm

If you have been injured as a result of a personal injury accident and wish to speak with an attorney, contact the Law Office of Christopher T. Howell, Esq. today.