Patient Abandonment — Home Health Care

Aspects the explanation for Action for Abandonment

Each following five elements must be present for a patient to have a proper municipal cause cardione kaufen dm of action for the tort of abandonment:

  1. Health care treatment was unreasonably finished.
  2. The end of contract of health care was contrary to the patient’s will or without the patient’s knowledge.
  3. The physician failed to arrange for care by another appropriate skilled physician.
  4. The physician should have reasonably foreseen that harm to the patient would arise from the end of contract of the care (proximate cause).
  5. The patient actually suffered harm or loss as a result of the discontinuance of care.

Medical practitioners, nurses, and other health care professionals have an ethical, and a legal, duty to avoid abandonment of patients. The health care professional has a duty to give his or her patient all necessary attention as long as the case required it and may not leave the patient in a critical stage without giving reasonable notice or making suitable arrangements for the work of another. [2]

Abandonment by the Physician

When a physician undertakes treatment of a patient, treatment must continue until the patient’s circumstances no longer assure the treatment, problems and the patient mutually consent to end the treatment by that physician, or the patient discharges problems. Moreover, problems may unilaterally terminate the partnership and withdraw from treating that patient only if they provides the patient proper notice of his or her intent to withdraw and an opportunity to obtain proper substitute care.

At your house health setting, the physician-patient relationship does not terminate merely because a patient’s care movement in its location from the hospital to the home. If the patient continues to need medical services, supervised health care, therapy, or other home health services, the attending physician should ensure that he or she was properly wiped away his or her-duties to the patient. Virtually every situation ‘in which home care is approved by Medicare health insurance, Medicaid, or an insurance organisation will be one in which the patient’s ‘needs for care have continued. The physician-patient relationship that existed in the hospital will continue unless it has been that used to be terminated by notice to the patient and a reasonable attempt to refer the patient to another appropriate physician. Otherwise, problems will retain his or her duty toward the patient when the patient is wiped away from the hospital to the home. Failure to follow through on the part of problems will constitute the tort of abandonment if the patient is injured as a result. This abandonment may expose problems, a healthcare facility, and the home health agency to liability for the tort of abandonment.

The attending physician in the hospital should ensure that a proper reference is enabled to medic that will cause the home health patient’s care though it is being delivered by the home health provider, unless problems expects to continue to monitor that home care personally. Even more important, if the hospital-based physician arranges to achieve patient’s care assumed by another physician, the patient must fully understand this change, and it ought to be carefully documented.

As supported by case law, the types of actions that will lead to liability for abandonment of a patient will comprise:

• premature discharge of the patient by the physician

• failure of the physician to provide proper instructions before discharging the patient

• the statement by the physician to the patient that the physician won’t treat the patient

• refusal of the physician to respond to calls and to further attend the patient

• the doctor’s leaving the patient after surgery or failing to follow up on postsurgical care. [3]

Generally, abandonment does not occur if the physician responsible for the patient arranges for a substitute physician to take his or her place. This change may occur because of vacations, relocation of the physician, illness, distance from the patient’s home, or retirement of the physician. As long as care by an appropriately trained physician, completely knowledgeable of the patient’s special conditions, if any, has been arranged, the courts should not find that abandonment has occurred. [4] Even where a patient refuses to pay for the care or struggles to pay for the care, problems is not at liberty to terminate the partnership unilaterally. Problems must still take the appropriate measures to achieve patient’s care assumed by another [5] and to give a completely reasonable period of time to locate another prior to ceasing to provide care.

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