Patient Abandonment – Home Health Care

Portions of the Cause of Actions for Desertion

Each of the following five elements must be present for an individual to have a proper civil reason for action for the tort of abandonment: GlenCare

1. Healthcare treatment was unreasonably discontinued.

2. The termination of health care was contrary to the patient’s will or without the patient’s knowledge.

3. The health worry provider failed to organise for care by another appropriate skilled health attention provider.

4. The health care provider should have reasonably foreseen that injury to the patient would arise from the end of contract of the care (proximate cause). 

5. The patient actually suffered harm or loss because of this of the discontinuance of care.

Medical professionals, nurses, and other health care professionals have an ethical, as well as a legal, duty to avoid abandonment of patients. The health care professional has a duty to offer his or her patient all necessary attention as long as the circumstance required it and should not leave the patient in a critical level without giving reasonable notice or making suitable agreements for the attendance of another. [2]

Desertion by the Physician

Each time a physician undertakes treatment of the patient, treatment must continue before the patient’s circumstances no longer warrant the treatment, the physician and the patient mutually sanction to get rid of the treatment by that physician, or the patient discharges the medical doctor. Moreover, the physician may unilaterally terminate the alliance and withdraw from dealing with that patient only if they provides the patient proper notice of his or her intent to withdraw and an possibility to obtain proper substitute treatment.

In your own home health setting, the physician-patient relationship does not terminate merely because a patient’s care shifts in its location from a healthcare facility to the home. If the patient continues to need medical services, supervised health treatment, therapy, or other home health services, the participating in physician should ensure that he or she was properly discharged his or her-duties to the patient. Virtually every situation ‘in which home care is approved by Medicare, Medical planning, or an insurer will be one in which the patient’s ‘needs for care have continued. The physician-patient relationship that been with us in the hospital will continue unless it has been formally terminated by notice to the patient and a reasonable make an attempt to refer the patient to another appropriate physician. Or else, the physician will keep his or her obligation toward the patient when the sufferer is discharged from a healthcare facility to the home. Failure to adhere to through on the part of the physician will amount to the tort of desertion if the individual is injured as a result. This desertion may expose the doctor, the hospital, and the property health agency to legal responsibility for the tort of abandonment.

The attending doctor in the hospital should ensure that a proper referral is built to a doctor who will be in charge of the home health person’s care while it is being delivered by the home health provider, until the physician intends to stay to supervise that home care personally. Even more important, if the hospital-based physician arranges to have the patient’s care presumed by another physician, the individual must fully understand this change, and it should be carefully documented.

Because supported by case regulation, the types of activities that will lead to liability for abandonment of a patient includes:

– premature discharge of the patient by the doctor

– failure of the physician to provide proper instructions before discharging the individual

– the statement by the physician to the person that the physician won’t treat the patient

– refusal of the doctor as a solution to calls or to further attend the patient

– the healthcare provider’s leaving the patient after surgery or failing to follow along with up on postsurgical proper care. [3]

Generally, desertion will not occur if the physician in charge of the patient arranges for a replace physician to take her or his place. This change may occur because of getaways, relocation of the medical doctor, illness, distance from the patient’s home, or old age of the physician. Given that care by an properly trained physician, sufficiently experienced of the patient’s special conditions, if any, has been arranged, the process of law will usually not find that abandonment has took place. [4] Sometimes where a patient neglects to pay for the care or is powerless to pay for the care, the physician is not at liberty to terminate the relationship unilaterally. The physician must still do something to have the patient’s care assumed by another [5] or to give a sufficiently reasonable time frame to locate another prior to ceasing to provide treatment.

Although almost all of the instances discussed concern the physician-patient relationship, as pointed away previously, the same concepts apply to all medical doctors. Furthermore, because the treatment rendered by the home health agency is provided pursuant to a healthcare provider’s plan of care, even if the patient sued the physician for desertion due to actions (or répit of the home health agency’s staff), the medical professional may seek indemnification from the home health supplier. [6]