Author Topic: Refused by Surgeon  (Read 2931 times)

Offline jd3

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I am a male, and my family doctor recently examined me for Gynecomastia, and I and was recently referred by him for general surgery for N62 - Hypertrophy of Breast.  My HMO approved the referral and gave me a referral to a female surgeon located at a local Breast Care center. I contacted the surgeon's office to make an appointment.  When I told the person who answered the phone that I was referred to their office for N62 - Hypertrophy of Breast and would like to make an appointment to be seen by the surgeon, I was asked to hold, and after a brief delay I was informed that the Dr. does not treat males for this condition and that I would need to be seen by a plastic surgeon.  Is it legal and/or ethical for a surgeon to refuse service based on a patient's gender?

rrr

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According to doctors and insurance companies, you have a purely cosmetic condition.
Bummed

Offline jd3

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The condition causes discomfort/pain when using a personal flotation device when engaged in water sports.  This condition was diagnosed by my doctor and the referral was approved by my insurance company.
I found the following information on the AMA website:
(b) Physicians cannot refuse to care for patients based on race, gender, sexual orientation, or any other criteria that would constitute invidious discrimination (Opinion 9.12, "Patient-Physician Relationship: Respect for Law and Human Rights"), nor can they discriminate against patients with infectious diseases (Opinion 2.23, "HIV Testing").  Source:  http://www.ama-assn.org/ama/pub/physician-resources/medical-ethics/code-medical-ethics/opinion1005.page

Offline TigerPaws

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The condition causes discomfort/pain when using a personal flotation device when engaged in water sports.  This condition was diagnosed by my doctor and the referral was approved by my insurance company.
I found the following information on the AMA website:
(b) Physicians cannot refuse to care for patients based on race, gender, sexual orientation, or any other criteria that would constitute invidious discrimination (Opinion 9.12, "Patient-Physician Relationship: Respect for Law and Human Rights"), nor can they discriminate against patients with infectious diseases (Opinion 2.23, "HIV Testing").  Source:  http://www.ama-assn.org/ama/pub/physician-resources/medical-ethics/code-medical-ethics/opinion1005.page

If you believe that you have been unfairly or illegally treated the hire an attorney and file the appropriate documents with a court of law.

Offline Paa_Paw

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On the brighter side, Most of the people who visit here telling sad tales of surgery that did not produce satisfactory results, had General Surgeons.  
This is indeed Cosmetic Surgery and it should be performed by a cosmetic surgeon.  
That surgeon may have saved you a lot of grief.  
« Last Edit: May 03, 2016, 06:28:35 PM by Paa_Paw »
Grandpa Dan

Offline cpa5oh

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Yeah maybe they've refused because they don't feel they have the experience to do a good job and they don't want to get stuck in a loop with an unhappy patient...

Offline Dr. Elliot Jacobs

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    • Gynecomastia Surgery
One of the basic tenets of the medical profession is the latin phrase "Primum non nocere" which means "first, do no harm."

When a physician encounters a patients who requires treatment beyond the doctors' expertise, then the physician is absolutely correct in referring the patient to another physician who does possess the necessary expertise.  This is not sexism or discrimination.  
No one can compel a physician to accept or treat a patient.  On the other hand, once a physician begins treatment, then he cannot abandon the patient.  In my career, I have had any number of patients who, for any number of reasons, I have declined to accept as a patient.  There is absolutely nothing wrong with that.

Dr Jacobs



Dr. Jacobs 
Certified: American Board of Plastic Surgery
Fellow: American College of Surgeons
Practice sub-specialty in Gynecomastia Surgery
4800 North Federal Highway
Boca Raton, Florida 33431
561  367 9101
Email:  dr.j@elliotjacobsmd.com
Website:  http://www.gynecomastiasurgery.com
Website:  http://www.gynecomastianewyork.c


 

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