Can a doctor refuse a person in need of urgent medical attention?

Aust Fam Physician. 2013 Oct;42(10):746-748.

Duty of care or a matter of conduct - Can a doctor refuse a person in need of urgent medical attention?

Dean J, Mahar P, Loh E, Ludlow K.

Source

is a medical student in the Faculty of Medicine, Nursing & Health Sciences, and a law student in the Faculty of Law, Monash University, Melbourne, Victoria.

Abstract

BACKGROUND:

Medical practitioners may have their particular skills called upon outside a direct professional context. The responsibilities of medical practitioners outside their defined scope of clinical practice may not be clear to all clinicians.

OBJECTIVE:

To consider the possible legal consequences of a doctor refusing to assist a person in need of urgent medical attention both in terms of medical negligence and professional misconduct.

DISCUSSION:

Where an established clinical relationship does not exist, and a doctor does not wish to render aid, three particular scenarios may arise. A doctor may actively deny being a doctor, passively avoid identifying themselves as a doctor or acknowledge being a doctor, but refuse to render assistance. Aside from any ethical issues, how a doctor chooses to act and represent themselves may lead to different legal ramifications. There exists significant variation in state provisions relating to legal obligations to render aid, which may benefit from review and revision at a national level.