Is it legal for a physician to refuse to use latex free gloves?

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Is it legal for a physician to refuse to use latex free gloves?

I am seeing a local allergist in Florida. I came in with a known latex
sensitivity/allergy. Shortly after I started at the practice. They ran out of
latex free gloves and the manager stated that the physician refused to order them
for me because I was the only patient they had at the moment. He stated I would
have to provide them to his office. I did not think this was appropriate to ask
of a patient and complained to office manager. The next visit I was paired with
a nurse that did not wear any gloves at all. This just did not seem right and
made me feel dirty. I complained to my insurance company because I thought I
would switch Dr’s. They apparently contacted my Dr in reference to the complaint
and he filed a legal disengagement. Unfortunately, I am having trouble getting
into a new allergy office and I now sick again. Is this legal?

Asked on March 21, 2019 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It may be an ethical violation for which you could report his practice to the state medical licensing board: not taking proper and reasonable steps for patient well-being; violation of hygiene standards (the nurse). However, it is legal and except as the board may choose to sanction him, he can do this. People believe they have a right to be treated by particular doctor, but they do not: doctors are not public servants or charities and are free to run their practices the way they want. They can impose rules that are difficult or inconvenient for some patients and refuse to see patients whom they consider too difficult to work with.


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