Posted on behalf of Anderson Cummings on Oct 21, 2021 in Auto Accidents
There are several ways your injury claim may be affected if you refuse some medical treatment, as the insurance company will be looking for any way to deny or devalue your claim.
Fortunately, our Fort Worth car crash attorneys are prepared to help you pursue the compensation you need while standing up for your rights as the victim of someone else’s negligence.
We offer a free consultation to discuss the facts of your case and charge you nothing up front.
Your Right to Refuse Treatment
According to the Texas Administrative Code, all individuals have basic medical rights which must be adopted by all medical facilities in the state. These patient rights include the following:
- The right of a patient to have considerate and respectful care, including the consideration of the spiritual and cultural beliefs of a person.
- The right of a patient to accept or refuse treatment to the extent permitted by law and to be informed of the medical consequences of such refusal.
This means that as an individual in Texas, you have the legal right to refuse any type of medical treatment. This includes refusal due to religious, cultural or strongly held personal beliefs.
It is also important to note that individuals also have the legal right to receive treatment under informed consent, meaning that you must be made aware of the type of treatment you are receiving before agreeing to it. Of course, there may be some exceptions to this, including in some emergency situations when the person requiring treatment is not conscious and is unable to deny treatment.
Common Reasons an Injury Victim May Refuse Treatment
After an accident, an injury victim may not realize his or her injuries are more serious than initially believed. This is why some accident victims may refuse medical treatment at the scene of a crash.
However, there are instances when medical treatment may be refused due to certain religious beliefs. For example, some religions do not allow for blood transfusions or transfusion of any blood products or by-products.
Since a patient may refuse medical treatment on religious grounds, this argument on why a person refused treatment may hold up against any argument from the liable insurance company looking to deny a claim. However, this will strongly depend on the facts of the case. You should speak to a licensed attorney if you are refusing medical treatment due to your beliefs.
How Your Claim May Be Affected
Whether you are refusing medical treatment due to religious reasons or because you do not think your injuries are serious, doing so may negatively affect your claim.
Remember that the insurance company is going to look for any reason to deny liability. They may do this by claiming that your injuries were not a direct result of the crash, particularly if you refused medical treatment at the accident scene. They may try to argue that your injuries were caused by something else and now you are trying to wrongfully pin the blame on their insured driver just to get money.
When denying liability does not work because an injury victim is able to prove causation, the insurance company may try to argue that they should not pay out any compensation for medical bills for refusing treatment, as there are no economic damages.
Additionally, without notes from a doctor confirming the severity of your injuries, it may also be difficult to determine the value of your non-economic damages like pain and suffering.
Fortunately, initial refusal of medical treatment, such as at the scene of the accident, may be remedied early on in your claim by seeking medical care as soon as possible. This can help establish the link between your injuries and the accident, which may help strengthen your claim for compensation.
Why You Should Not Deny Treatment
Due to how negatively refusing treatment may affect your injury claim, it is generally a good idea not to refuse treatment. You should strongly consider looking for an alternative option if the initial medical recommendation conflicts with your cultural, religious or deeply held personal beliefs.
Additionally, your own health and well-being should be considered when deciding whether to receive medical treatment. With the technological advancements in modern medicine, you may have varying options for getting the treatment you need without requiring a process that violates your rights.
Be sure to consult with more than one doctor when treating your injuries to see what treatment options will work best for you.
Call an Experienced Attorney Today
Let our experienced attorneys at Anderson Cummings help you through the legal process of filing a claim to pursue the compensation you need. We have obtained millions of dollars on behalf of our clients.
The initial consultation is free of charge and there are no fees unless we win.
Call us today at (817) 920-9000 to get started.