What is Patient Abandonment?
http://www.nolo.com/legal-encyclopedia/what-patient-abandonment.html
When a doctor doesn’t end the provider-patient relationship properly, it could amount to malpractice.
In this article, we’ll look at the elements that typically define patient abandonment, and we’ll explore a few scenarios that could qualify as patient abandonment in the health care setting.
The Elements of Patient Abandonment
Let’s start by pointing out that whether or not patient abandonment has occurred is a very fact-specific issue, and a doctor’s potential legal liability can vary from state to state. Having said that, there are certain common elements among patient abandonment cases:
- First, the doctor-patient relationship must be established. This means that the physician must have agreed to treat the patient, and treatment must be underway.
- Second, the abandonment must take place when the patient is still in need of medical attention — this is known as a “critical stage” of the treatment process.
- Third, the abandonment must have taken place so abruptly that the patient did not have enough time or resources to find a suitable replacement physician to take over treatment.
- Finally, the patient must suffer an injury as a direct result of the patient abandonment.
Examples of Patient Abandonment
There are many real-world situations in which a doctor might terminate a relationship with a patient without a reasonable excuse.
For example, if a doctor intentionally refuses to treat a patient who has failed to pay his or her medical bill, that is often considered unjustified. And if a doctor is unavailable for an unreasonable amount of time when a patient needs medical care — and so is the backup (or “on call”) doctor — that could amount to patient abandonment if the patient ends up suffering harm as a result.
It should be noted that patient abandonment can also occur between other kinds of health care providers and the patient — not just between the physician and the patient. For example, if a nurse-patient relationship has been established, and the same legal elements we discussed above are present, then the patient may have a valid medical malpractice claim based on patient abandonment.
Patient abandonment can also occur when:
- the hospital has inadequate staffing
- the medical staff fails to reach out to a patient who has missed an important follow-up appointment
- the medical staff fails to communicate an urgent question from the patient to the doctor, or
- the medical staff schedules an appointment too far in the future, resulting in preventable harm to the patient as their condition worsens.
When It’s Not Patient Abandonment
Not every situation where a doctor stops treating a patient leads to an actionable claim for medical malpractice. Most don’t, in fact.
Valid reasons to end a doctor-patient relationship include:
- the doctor has insufficient skills to provide adequate treatment to the patient
- there are insufficient supplies or resources to provide adequate treatment to the patient
- ethical or legal conflicts arise during the treatment process
- the patient violates the physician’s policies
- the patient has numerous cancelled or missed appointments
- the patient refuses to comply with the physician’s recommendations, and
- the patient demonstrates inappropriate behavior, such as making sexual advances or engaging in verbal abuse.
If a valid reason exists, then the physician can take steps to terminate the relationship in an appropriate manner, and attempt to avoid liability. That means, the physician should provide the patient with written notice of the termination along with a valid reason for the decision. The physician should continue to treat the patient for a reasonable period of time to allow the patient to arrange for alternative care from another competent physician. The physician should also recommend another qualified physician. Finally, once the patient has secured another physician, and has signed an authorization, the physician must transfer the patient’s medical records to the new physician in a reasonable and timely manner.
Filed under: General Problems
Late read but exceExcel ADVISE and guidance. What is the statute of limitations on pt. abandonment? Thanks again Steve.
Signed 3 times already,,left a few comments,,ie,,maryw from Adams,,,,,and the petition moveon.org,,and the government site petition ,repeal cdc regulation fron pnn,,,,signed hem all,,and wrote a 5 page letter,,w100 dollars worth of information of our government abuses to all thee chronically physically ill,,,,we sent to the United Nation ,in Geneva,,for exactlly that,,tortutre and genocide by our governmet,,,The U.N….is thee only 1 who did anything,,ie,,adding it to their recent emergency meeting in April 2016,blasting the United States for not treating the medically ill w/painful conditions,,,I sign them,,I sign them all,,I know at any point,,I could be one of those who looses their life,,,as I came very very close 3 x-mas ago,,from a unethical nurse,,,,Soo I sign em Mr.George,,,all of them,,,but thank u for passing it on,,more info,,the better,,jmo,,mary
I have had my pain management doctor for 17 years total,,,,now my Doc is under his opinion ,that if u have a painful medical condition,,u have a legal right to have the physical pain lessen’d to a functional level,,,however,,I have heard horror stories elsewhere and I believe them,,Sooo,,,its like anything,,,it all depends on the doc,,and his PERSONAL OPINION,,,AND HOW TO TREAT U,,, I say personal because if his terrified of the dea,,or a opiate phob u r in trouble…If he is an actual doctor who cares if he actually lessen your physical pain,and hasn’t been threaten by the dea,,,you’ll be fine,50 /50 chance,,jmo,,maryw
Dear Mary ,
All doctors are starting not to treat chronic pain . Go to this petition site and read the stories . The government is trying to say that if you have pain and take opiods that you are an addict and need rehab . The have made laws to prevent treatment of chronic pain . Genocide .
http://www.petition2congress.com/5202/first-do-no-harm-dea-targets-physicians-who-treat-their-patien
Hi Steve ,
In my experience with doctors one might very well be better off being abandoned . I know sounds crazy right . You see i’m a chronic pain patient . Any person seeing a doctor should have a say in their treatment . In my case the doctors made me get so many x-rays , ct scans , mri’s , that i probably glow in the dark . I know i have nerve damage the doctors know i have nerve damage there comes a point when you need a cure or treat the symptoms . Don’t even get me started on how much blood samples i have given . In my eyes if you can’t fix it at least let me live in less pain while I hold on to some of my money . I should not even have to go to a doctor to have my pain treated you are blocked from access to those medicines that come with instructions on how to take them and side effects , allergies etc . .
I have had probably more damage done to me by doctors than my nerve damage it’s self . Steroids for example , they weaken the heart break down connective tissue rise blood pressure and sugar levels ,makes aurthoritus worse they even make you rage and make you want to move when you can’t . To counter act the side effects your on insulin , blood pressure medicine a chain reaction from on poison to the next instead of just treating the pain and keep you moving . I no longer trust or respect doctors after all i been through . I could write a book but it’s hard to do anything while in bad pain as I am . Now the government is writing laws to prevent the treatment of chronic pain so why even see a doctor in my case they turn you down and say they will lose their license . The medical community is broken . I pray for death every day . Only chronic pain patients are called drug seekers funny while they make you take other medications to justify what you really need .
I pray to die. I have been informed that I can no longer get my pain meds from my rheumatologist. He has been treating me for over 8 years, now he says I have to go to pain management because he is not able to write a script. I’m scared. I’m 57 and have to be seen by pain management?
Give it a chance! It kinda sucks but I’m sure your medical records speak on their own. You just need your rheumatologist to recommend the right Dr.
I agreed with everything you said until you said steroids make you rage. I doubt your doctor gave you anabolic steroids…they were probably cortico steroids like prednisone. 🙂
In both men and women, anabolic steroids can cause:
High blood pressure, heart attack, or stroke.
Higher levels of bad cholesterol (LDL) and lower levels of good cholesterol (HDL).
Liver disease and possibly liver cancer. The chance of these problems is higher when steroids are taken as a pill.
Oily skin, acne, and male-pattern hair loss.
Skin infections that can become severe if the drug was tainted with bacteria.
Irritability, rage, aggression, violence, uncontrolled high energy (mania), false beliefs (delusions), and addiction.
You’re ABSOLUTELY right but i would bet my right hand that you were not given anabolic steroids. You were given corticosteroids.
I know and I said that anabolic steroids do cause those results. Except there’s no way that’s what your Dr gave you. It had to have been corticosteroids. Was it prednisone.?
Prednisone can & does cause mood changes & mood instability. Can cause severe irritability & mood swings, especially when tapering off.
You’re right. But that’s not the same as “roid rage” caused by anabolic steroids. Prednisone is a corticosteroid.
hmmm ,,, interesting,,,no wonder why that nurse tried to set me up w./ that ,”lack of appointment, plea””bitch”’,,to try and drop me from pain management,,,again,,those spy pens or recording every phone call works,,,jmo,,mary