Abandonment - a unilateral termination of the patient-physician relationship by the physician without notice to the patient.
The relationship between physician and patient generally continues until it is terminated by mutual consent of both parties. However, a relationship can be discontinued through the dismissal of the physician by the patient, the physician's withdrawal from the case, or the physician’s services are no longer required. Failure to follow up on patient care after the acute stage of illness has subsided or neglect to give patient warnings of necessary instructions may involve the physician in serious legal difficulties. Premature termination of treatment is quite often the subject of legal action.
Closely related to this type of problem is one which occurs when the physician, though not intending to end the relationship with the patient, fails to ensure the patient’s understanding that further treatment of the complaint is necessary.
The following elements must be present for a patient to recover damages for abandonment:
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Unreasonable discontinuance of medical care.
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Discontinuance of medical care against the patient’s will: termination of the physician-patient relationship must have been brought about by a unilateral act of the physician. There can be no abandonment if the relationship is terminated by mutual consent or dismissal of the physician by the patient.
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A physician’s failure to arrange for care by another physician or refusal by a physician to enter a physician-patient relationship by refusing to respond to a call or render treatment is not considered abandonment. A plaintiff will not recover damages unless it can be established that a physician-patient relationship has been established. (i.e., Buttersworth v. Swint, 186 E.E. 770 (Ga. 1936)
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Foresight that discontinuance may result in physical harm to the patient.
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Actual harm suffered by the patient.
The relationship between a physician and patient, once established, continues until it is ended by mutual consent of the parties, revoked by the patient’s dismissal of the physician, by the physician’s withdrawal from the case, or until the physician’s services are no longer needed. A physician who decides to withdraw his services must provide the patient with reasonable notice so that the services of another physician can be obtained.
The Director for Quality Assurance and Director for Patient Relations will not tolerate willful abandonment, and has joined the Department of Pediatric Dentistry in establishing the following guidelines to aid in determining if abandonment has occurred:
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Willful or undocumented failure to see patients with treatment needs within the semester assigned.
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Failure to see any patient for two consecutive semesters without sufficient documentation in the record to justify such failure to see the patient.
In cases where abandonment has occurred, a grade of “F” will be given for the Clinical Record-Keeping and Patient Management course for the semester during which the incident occurred.
