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The Daily Insight

Is it illegal for a doctor to not help someone?

Author

John Thompson

Published Mar 25, 2026

In the U.S., a doctor has no affirmative duty to provide medical assistance to injured persons if they have not established a special relationship with the individual. So, for example, if a doctor is off-duty having a meal in a restaurant and a person is injured, they do not actually have a duty to assist that person.

Why do doctors not follow up with patients?

Depending on the patient, provider, and situation, contributing factors may include the patient’s social and economic status or education level, the complexity of the treatment and instructions, health system variables, poor provider communication, patient depression or stress, and physical or financial obstacles to …

Can you sue a doctor for not helping you?

There are a few elements a patient must prove to bring a medical malpractice lawsuit for a doctor failing to provide help. First, the patient must show the delay in diagnosis and/or treatment amounted to negligence. On top of negligence, the patient must prove the delay or failure to treat caused harm.

What is the term for a patient who fails to follow the doctor’s advice?

“Intentional non-adherence is a process in which the patient actively decides not to use treatment or follow treatment recommendations, whereas unintentional non-adherence may be the result of forgetfulness, not knowing exactly how to use medications, or other unplanned behaviour.”1 It may also include missing …

What is a Bad Samaritan law?

Kaufman’s database of “Bad Samaritan laws”: statutes that impose a legal duty to assist others in peril through intervening directly (also known as “the duty to rescue”) or notifying authorities (also known as “the duty to report”). …

Can I refuse a referral?

Patients have the right to refuse referral without relieving their attending physicians of responsibility. To refer patients against their wishes and then withdraw from the patient’s care constitutes abandonment.