can i sue for medical discrimination?

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can i sue for medical discrimination?

I am an older single woman with no kids or family. I live in a rural area and do not know anyone very well within 1000 miles. A few years ago I had a colonoscopy and the Doctor had to tell the hospital that he ok’d my having it without someone at the appointment with me and that was the only reason the Medical Center auillowed it. It was found I had polyps so possible that procedure saved my life at the time. I am back in that situation again and have been told that the Medical Center will not let me have this possibly life saving procedure unless I have someone to sit in the waiting room while procedure being completed. This ‘someone’ does not have to be a friend or family and can just be someone I pick up off skidroad and pay 20, as long as they are over 18. This is ridiculous. I have transportation to and from by a transportation service and they are discriminating against me due to my singular status and quite possibly Killing me. I have to wonder how many people these Medical Facilities have refused service to, who have later been diagnosed with colon cancer. This seems like it could be a class action lawsuit. What are my options?

Asked on August 25, 2017 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is not illegal for a medical care provider to refuse to perform or authorize a procedure unless there is someone there during the procedure with/for the patient (and/or to assist or drive them home)--for example, this is very common for eye exams or procedures (where vision is impaired for some time afterwards, and the patient needs assistance) or for procedures involving anaesthesia (which again impairs the patient). The medical care provider does not need to assume the additional legal risk or liability of having an impaired patient without any assistance; and also, the law does NOT make it illegal to "discriminate" in medical care based on "singular" status (being single is not protected in this regard). You cannot sue; even if you need to hire someone to sit with you, do so, so that you can get your procedure done.


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