Can a doctor refuse treatment?

A GYNAECOLOGIST in Nevers (La Nièvre, Bourgogne) has refused to treat my wife because she had asked for a second opinion. Is she allowed to refuse treatment and who can we complain to? J.C.

The Code de la Santé Public (see www.legifrance.com) says “each person, considering their state of health and the urgency of the treatment they need, has the right to receive the most appropriate care…” (art.L1110-5) and “a doctor must… treat everyone with the same conscientiousness, whatever… their feelings are towards them.”

It also explicitly rules out refusals based on such obviously discriminatory matters as race, sex, appearance, disability, sexuality, political views etc (art. 225-1). However it adds (art. L1110-3) that in certain cases refusal is allowed for “essential personal or professional reasons” that will impact on the “quality, safety or efficacity of the treatment.”

According to health lawyer Carine Durrieu-Diebolt, this can sometimes include situations where there is a falling out between doctor and patient.

If you feel your doctor’s reasons were not good enough you can write to your Agence régionale de santé (ARS), a new regional body overseeing the health sector, which can investigate your complaint: Délégué Territorial, Agence Régionale de Santé de Bourgogne, Délégation Territoriale de la Nièvre, 11 rue Pierre-Emile Gaspard, 58000 019 NEVERS CEDEX

Do you have experience of this issue or other health questions? Tell us what happened on contact@connexionfrance.com