There are two primary reasons to see a doctor: you’re not feeling well, or you want to prevent something from happening. Your doctor will ask about your symptoms and run some tests. They will make an initial diagnosis, and that’s where things can get challenging.
According to the National Institutes of Health, there are more than 10,000 rare diseases alone. That’s a lot for your doctor to sort through.
Many conditions your general physician can handle. However, some conditions may warrant a specialist’s evaluation. That is when your doctor will refer you to a specialist. What happens if the doctor skips that part? If your condition worsens, failing to refer you to a specialist could be an actionable basis for a medical malpractice claim.
This type of claim is not without its challenges. That is why you need to involve an experienced medical malpractice lawyer as soon as possible.
When a Failure to Refer Becomes Medical Malpractice
Your doctor owes you an “accepted standard of care.” That means your doctor should provide the level of care a reasonably competent doctor with the same training would provide in similar circumstances. That standard of care includes knowing when to make a referral. Here’s how a failure to refer can rise to the level of an actionable malpractice claim.
Ignoring Warning Signs
Many diseases and conditions present similar symptoms. If your doctor dismisses symptoms that reasonably suggest cancer, heart disease, or another serious condition requiring specialist evaluation, it can be considered negligence.
Failing to Act on Abnormal Test Results
Your initial bloodwork, imaging, or other diagnostic findings may indicate a need for further investigation. When your doctor does not arrange an appropriate referral, it could lead to complications.
Treating Conditions Beyond Their Expertise
A general physician has extensive “general” knowledge about medical conditions, but they can’t know everything. If they try to manage a complex medical problem without getting specialized help when the standard of care calls for it, it can be a sign of negligence.
Delaying Necessary Referrals
Your doctor may recognize the need for a specialist but wait to see whether your condition improves or worsens. Unfortunately, waiting can cause complications.
Failing to Refer After Unsuccessful Treatment
If you experience persistent or worsening symptoms despite repeated treatment, that is often a sign your doctor should refer you to a specialist. Failure to do so can compromise your health.
A referral is not automatically required simply because a specialist might have provided different treatment. Your doctor’s decisions must be evaluated in light of your specific symptoms, medical history, and diagnostic findings.
Proving a Doctor Was Negligent in Your Referral
To prove that a Kentucky doctor was negligent for failing to refer a patient to a specialist, you must show that the physician violated the accepted standard of care and caused preventable harm. Your attorney will help you gather the relevant evidence, including the following:
- Medical records
- Diagnostic test results
- Treatment histories
- Physician notes
That documentation can help establish whether warning signs indicated the need for specialized attention.
You will also need to line up expert medical testimony to demonstrate that a reasonably competent physician would have made the referral under similar circumstances and that the missed or delayed referral made your condition worse. Kentucky also requires a certificate of merit to be filed with a medical malpractice lawsuit.
This affidavit states that you or your attorney reviewed the facts of the case with at least one qualified medical expert and concluded that there is a reasonable basis to bring the claim.
How Kentucky Statutes Affect Your Malpractice Claim
Kentucky law establishes specific deadlines and filing requirements for medical malpractice lawsuits. This includes claims involving a doctor’s failure to refer a patient to a specialist. Understanding these rules is essential to protecting your right to compensation. Under Kentucky law, you generally have one year from the date you discovered, or reasonably should have discovered, your injury to file a malpractice lawsuit.
The statute also sets a five-year outside limit from the alleged negligent act or omission, although exceptions may apply in certain cases.
Because delayed specialist referrals can make it difficult to determine when an injury occurred or was discovered, consulting a Kentucky medical malpractice attorney promptly can help preserve evidence and establish applicable deadlines.
Talk to McCoy & Hiestand, PLC, About Your Claim
The attorneys at McCoy & Hiestand, PLC, have helped many Kentucky residents work through the complexities of a medical malpractice claim. We have extensive knowledge of the applicable statutes and the need for an independent, qualified medical expert to support your claim.
If you believe a doctor’s failure to refer you to a specialist made your condition worse, contact our firm today for a free consultation.
