Can I Lose My Right to Sue if I Didn't Follow Doctor's Orders?

When you visit a doctor, you expect them to help you get better, and most of the time, that’s what happens. 

But what if your condition worsens, and you’re thinking about filing a lawsuit for medical malpractice or negligence? Can the fact that you didn’t follow your doctor’s instructions be used against you in court?

The answer is: maybe. 

Failing to follow medical advice can impact your case in significant ways, but it doesn't automatically strip you of your legal rights. 

To learn more about your legal options, contact Morgan & Morgan for a free case evaluation. 

What to Know About Your Right to Sue

First, let’s talk about the basics.

As a patient, you have the right to expect a certain standard of care from your medical providers. When that standard isn’t met—whether through a misdiagnosis, surgical error, medication mistake, or another form of negligence—you may have grounds to file a medical malpractice claim.

But like any legal claim, your case depends on evidence, causation, and credibility.

And this is where things can get complicated if you didn’t follow your doctor’s orders. Your own actions or inactions may be used to argue that your injuries were partly your fault.

What Does It Mean to Not Follow Doctor’s Orders?

Not following a doctor’s instructions, also known as noncompliance or nonadherence, can include things like:

• Failing to take prescribed medication
• Skipping follow-up appointments
• Ignoring post-operative care instructions
• Not making recommended lifestyle changes (e.g., quitting smoking, adjusting diet)
• Refusing additional testing or treatment

Sometimes, noncompliance happens for understandable reasons, like lack of transportation, fear of side effects, or the cost of medication, but legally speaking, the court may still consider how your choices contributed to your injuries.

How the Legal System Views Patient Noncompliance

Comparative Negligence

Most states follow a legal principle called comparative negligence, which allows for fault to be shared between the plaintiff (you) and the defendant (the doctor, hospital, etc.).

If you didn’t follow your doctor’s orders, and that contributed to your injury, the court may reduce your compensation in proportion to your share of the blame.

Let’s say your doctor prescribed antibiotics after surgery, and you didn’t take them. You develop an infection and sue for malpractice. If the court finds you 30% at fault for not taking the meds, your damages award may be reduced by 30%.

In some states, you can still recover compensation even if you were mostly at fault, but in others, if you’re found to be more than 50% or 51% responsible, you may be barred from recovery altogether.

Contributory Negligence (Fewer States)

A handful of states (including Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.) follow a stricter rule called contributory negligence. Under this rule, if you were even 1% at fault, you could lose your right to sue entirely.

So if you didn’t follow your doctor’s orders and that decision played even a small role in your injury, your case could be dismissed.

When Not Following Orders Doesn’t Hurt Your Case

Importantly, noncompliance doesn’t always ruin a lawsuit. There are many situations where patients ignore or alter a doctor’s advice but still have a strong claim.

The Original Harm Was Already Done

If your doctor made a serious error before you had a chance to follow or not follow any orders, your actions afterward may not matter.

For instance, imagine you were given the wrong dosage of medication which caused kidney damage. Even if you later missed a follow-up appointment, the damage was already done.

The Instructions Were Unclear or Improper

Sometimes, patients don’t follow orders because the directions were confusing, contradictory, or even medically unsound.

Picture a surgeon telling a patient to resume normal activities “as soon as possible,” but the patient interprets that to mean strenuous physical activity, leading to complications. If the instructions weren’t specific, the blame might rest with the provider.

The Patient Had Valid Reasons for Noncompliance

Courts and juries are often willing to consider legitimate reasons for not following orders:

• You couldn’t afford the medication
• You were never properly informed of the importance of a follow-up
• The doctor failed to stress the urgency
• Cultural or language barriers affected communication

If your decision was reasonable or unavoidable, that context could be essential to your defense.

Medical Malpractice vs. Personal Injury

This issue doesn’t just apply to medical malpractice cases. Let’s say you were in a car accident, sought medical treatment, and then failed to follow your doctor’s recovery plan. The other driver’s insurance company might argue that you made your injuries worse by not following medical advice, and therefore, they shouldn’t have to pay as much.

Even in workers’ compensation claims, employers and insurance companies may point to noncompliance to dispute the extent or cause of your injuries.

In other words, your conduct after the injury matters in all kinds of personal injury cases, not just those involving medical errors.

How Insurance Companies Use Noncompliance Against You

When you file a claim, insurance companies often look for any excuse to deny or reduce a payout. If they find evidence that you didn’t take your medication, skipped rehab, or ignored test results, they may argue:

• You made your condition worse
• Your injuries weren’t as serious as you claim
• You failed to mitigate damages

This tactic is especially common in high-value claims. It’s why having an experienced attorney on your side is so important, someone who can push back and show the bigger picture.

Proving Your Case Despite Noncompliance

If you’re worried that not following your doctor’s orders might hurt your case, here’s what you (and your attorney) can do to strengthen your claim:

1. Document Everything

Keep records of:

• What the doctor told you
• What medications or treatments were prescribed
• Why you didn’t follow through (cost, side effects, misunderstanding)
• Any conversations with your doctor about changing or stopping treatment
  
   

2. Explain Your Reasoning

Your attorney can help explain to the court why your decision was justified or didn’t materially affect the outcome.

3. Highlight the Provider’s Mistakes

If the healthcare provider made a serious error before you went off-plan, focus on that core mistake.

4. Use Expert Testimony

A medical expert can help establish:

• That the doctor’s original care was negligent
• That your noncompliance wasn’t the main cause of your injury
• That a reasonably prudent person in your situation might have acted the same way
  
   

What if I Was Misled or Not Properly Informed?

Doctors have a legal duty to get your informed consent before treatment. That includes explaining:

• What the treatment involves
• What risks it carries
• What could happen if you don’t follow the plan
   

If your provider failed to explain these things clearly or didn’t give you time to ask questions—=, that failure may reduce your responsibility for not following instructions later.

What to Do if You're Unsure About Your Case

If you think a doctor’s error caused you harm but you’re worried your own actions might hurt your case, don’t assume you’re out of options.

Instead, talk to a medical malpractice attorney at Morgan & Morgan. During your initial consultation, be honest about everything that happened and let them help you weigh the strength of your claim.

At Morgan & Morgan, we’ve helped thousands of clients win cases even when the facts weren’t perfect. We know how to navigate complex situations, including when a patient’s own decisions are part of the story.

Yes, failing to follow your doctor’s orders can impact your ability to sue, but it doesn’t necessarily eliminate your rights. The key questions are:

• Did your noncompliance directly cause or worsen the harm?
• Were the original instructions reasonable, clear, and necessary?
• Did the provider’s negligence occur before or regardless of your actions?

If you’ve been hurt by a medical mistake or you’re unsure whether you have a claim, don’t make assumptions about your legal options. Our attorneys can evaluate your case for free, and if we work together on your case, we only get paid if we win. There’s no risk or obligation.

If you or a loved one has suffered due to a healthcare provider’s negligence, contact us today for a free case evaluation to learn more.