Patients trust doctors to provide accurate diagnoses, test results, and medical information so they can make informed decisions about their health. But what happens if a doctor fails to share important information? This raises an important legal question: can you sue a doctor for withholding information? In South Carolina, the answer is sometimes yes, especially if the failure to disclose information caused harm. Here, our Laurens medical malpractice lawyer explains what patients need to know about their rights.
Can You Sue a Doctor for Withholding Information?
Many patients ask, can you sue a doctor for withholding information? Under South Carolina law, doctors have a legal duty to provide patients with sufficient information to make informed decisions about medical treatment. This duty is part of what is known as informed consent.
South Carolina law specifically recognizes the doctrine of informed consent under S.C. Code § 44-66-30, which requires healthcare providers to explain the risks, benefits, and alternatives to medical treatment so that patients can make informed decisions. If a doctor fails to disclose important information and a patient is harmed as a result, the patient may have a medical malpractice claim.
In general, a patient may be able to sue a doctor for withholding information if:
- The doctor failed to disclose important medical information
- The information would have affected the patient’s decision
- The patient suffered harm
- A reasonable doctor would have disclosed the information
- The failure to disclose caused injury or damages
Doctor Withholding Test Results: Is It Medical Malpractice?
Another common issue involves a doctor withholding test results. Patients have the right to receive the results of medical tests, including blood work, imaging, biopsies, and other diagnostic testing.
If a doctor fails to provide test results in a timely manner and the delay causes harm, it may constitute medical malpractice. For example:
- A doctor fails to inform a patient of cancer test results
- A doctor delays telling a patient about abnormal lab results
- A doctor ignores diagnostic findings
- A doctor fails to follow up on test results
- A doctor does not notify a patient about a serious condition
Medical malpractice in South Carolina generally requires proof of negligence, meaning the doctor failed to meet the accepted standard of care. South Carolina medical malpractice claims are governed by S.C. Code § 15-79-110, which defines medical malpractice as professional negligence by a healthcare provider that causes injury to a patient. If a doctor withholding test results leads to delayed treatment, worsening illness, additional medical procedures, or death, the patient or their family may have a malpractice claim.
Can a Doctor Withhold Medical Records?
Patients also frequently ask, can a doctor withhold medical records? In most situations, the answer is no. Patients generally have a legal right to access their medical records.
Both federal and South Carolina law protect a patient’s right to medical records. Under the Health Insurance Portability and Accountability Act (HIPAA), patients have the right to access their medical records within 30 days of requesting them.
South Carolina law also addresses medical record access. Under S.C. Code § 44-115-30, healthcare providers must provide copies of medical records upon written request and may only charge reasonable copying fees. A doctor generally cannot refuse to release medical records simply because a patient owes money or because the doctor does not want the patient to seek a second opinion.
However, there are limited exceptions where a doctor may temporarily withhold records if disclosure would seriously endanger the patient or another person. These situations are rare and must meet strict legal standards. If a doctor refuses to provide medical records without a valid reason, it may be a violation of both federal and state law.
Informed Consent and Failure to Disclose Information
Many lawsuits involving withheld information fall under failure to obtain informed consent. South Carolina courts have ruled that doctors must disclose material risks and information that a reasonable patient would want to know before agreeing to treatment.
South Carolina courts have addressed informed consent in several cases, including Hook v. Rothstein, 281 S.C. 541 (1984), where the court held that physicians must disclose material risks associated with a procedure so that patients can make informed decisions. These cases often involve surgical procedures, medications, misdiagnosis, or delayed diagnosis.
Examples of Withholding Information That May Lead to a Lawsuit
There are many situations where withholding medical information could lead to a malpractice claim, including:
- Failing to disclose surgical risks
- Not informing a patient about alternative treatments
- Withholding cancer or biopsy results
- Not telling a patient about medication risks
- Failing to inform a patient of a misdiagnosis
- Not providing abnormal lab results
- Refusing to release medical records
- Delaying communication of serious test results
In these cases, the key issue is whether the doctor’s failure to disclose information caused harm.
What Must Be Proven in a South Carolina Medical Malpractice Case?
To win a medical malpractice case in South Carolina, a patient generally must prove:
- A doctor-patient relationship existed
- The doctor was negligent
- The negligence caused injury
- The patient suffered damages
South Carolina law also requires medical malpractice cases to follow special procedures. Under S.C. Code § 15-79-125, a patient must file a Notice of Intent to File Suit and include an affidavit from a medical expert before filing a malpractice lawsuit.
This requirement makes medical malpractice cases more complex than standard personal injury claims.
Statute of Limitations for Medical Malpractice in South Carolina
Medical malpractice claims are time-sensitive. Under S.C. Code § 15-3-545, the statute of limitations for medical malpractice in South Carolina is generally three years from the date of the injury or from when the injury was discovered (or should have been discovered).
There is also a six-year statute of repose, which means claims generally cannot be filed more than six years after the malpractice occurred, with limited exceptions.
If a patient waits too long, the claim may be permanently barred.
How a Laurens Medical Malpractice Lawyer Can Help
Medical malpractice cases involving withheld information, withheld records, or withheld test results are complex and often require expert medical testimony. Hospitals and insurance companies aggressively defend these claims, so it is important to have experienced legal representation.
A Laurens medical malpractice lawyer can help by:
- Investigating the medical records
- Consulting medical experts
- Determining whether malpractice occurred
- Filing the required Notice of Intent
- Negotiating with insurance companies
- Filing a lawsuit if necessary
- Seeking compensation for medical bills, lost income, pain and suffering, and other damages
Contact a Laurens Medical Malpractice Lawyer Today
So, can you sue a doctor for withholding information? In many situations, yes, especially if the failure to disclose medical information, test results, or records caused harm. Doctors have a legal duty to provide patients with information necessary to make informed medical decisions and to access their medical records.
If you believe a doctor withheld important medical information, test results, or records, and you were harmed as a result, you should speak with a Laurens medical malpractice lawyer as soon as possible. Medical malpractice claims are complex and time-sensitive, and an attorney can help you understand your rights and legal options. Contact our team at McCravy, Newlon & Clardy today and learn how we provide support to residents of the 29325 zip code and surrounding areas.