Is It legal for a Doctor to refuse to accept a patient for second opinion

UPDATED: Sep 30, 2022

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Is It legal for a Doctor to refuse to accept a patient for second opinion

My neurologist told me I needed a second opinion and the only other neurologist
in our area refused to do the second opinion. I am not very clear on the law
around second opinions, but I do know that I have the right to a 2nd opinion. I
live in Mississippi, so I wouldn’t be surprised to find out there is nothing I
can do.

Asked on February 9, 2017 under Malpractice Law, Mississippi


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, a doctor may refuse to examine you for or give you a second opinion: you may have a right to seek one, but that does not require any particular or individual doctor to see you. You need to find a doctor who will willingly do this; doctors are allowed to decide who to see, and who not to see, as patients. If this other doctor wants to not see you as a professional courtesy to the 1st doctor, to avoid conflict, because they only see their established patients, etc., that is their right.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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