We discuss here Patient Abandonment – Home Health Care. Cause of action elements for abandonment. Each of the following five items must be present for the patient to have a proper civil case to sue for the neglect tort:
1. Unjustifiably interrupted health treatment.
2. Termination of medical care against the will of the patient or without the knowledge of the patient.
3. The healthcare provider does not coordinate the care of another trained and appropriate healthcare provider.
4. The healthcare provider must have reasonably expected harm to the patient from termination of care (immediate cause).
5. The patient has already suffered damage or loss as a result of the interruption of care.
Doctors, nurses and other healthcare workers have a moral and legal duty to avoid abandoning patients. The health professional must provide his patient with all the necessary care whenever the condition requires it, and must not leave the patient in a critical stage without giving reasonable notice or making the necessary arrangements for another person to care for him. [2]
The doctor defected
When a physician undertakes treatment for a patient, treatment will continue until the patient’s circumstances do not warrant treatment, and the physician and patient mutually agree to the termination of treatment by that physician, or the patient is discharged. In addition, a physician may unilaterally terminate the relationship and withdraw from treatment for that patient unless he provides the patient with appropriate notice of his intention to withdraw and the opportunity to obtain appropriate alternative care.
In a home health setting, the doctor-patient relationship does not end simply because patient care moves on-site from the hospital to the home. If the patient still requires medical services, supervised medical care, treatment, or other home health services, the treating physician must ensure that she is adequately fulfilling her duties to the patient. Almost every situation in which Medicare, Medicaid, or an insurance company approves home care will be one in which the patient’s care needs continue.
The physician-patient relationship at the hospital will continue unless formally terminated by notification of the patient and a reasonable attempt to refer the patient to another appropriate physician. Otherwise, the doctor will maintain her duty to the patient when the patient is discharged from the hospital. Failure to follow up by the physician will constitute harm to neglect if the patient is, This neglect may expose the physician, hospital and home care agency to liability for damages caused by neglect.
Patient Abandonment
The treating physician at the hospital must ensure that an appropriate referral is made to the physician. Who will be responsible for the patient’s home health. Care while it is provided by the home health care provider. Unless the physician intends to continue to supervise that care. Domiciliary in person. Importantly, if the resident physician arranges for another physician to take over the patient’s care, the patient must fully understand this change, and it must be carefully documented. Patient Abandonment – Home Health Care
As supported by case law, the types of actions that would result in liability for patient abandonment would include:
Early discharge from the doctor to the patient. The doctor did not give the correct instructions before the patient was discharge from the hospital. The physician’s statement to the patient that the physician will no longer treat the patient. The doctor refused to answer calls or treat the patient. The doctor leaves the patient after surgery or does not follow up on postoperative care. [3]
Home Health Care
In general, attrition does not occur if the treating physician arranges for a substitute physician to replace him or her. This change can occur due to vacation, change in doctor location, illness, distance from the patient’s home, or doctor’s retirement. As long as the care has been arranging by a suitably trained physician. Who is sufficiently familiar with the particular circumstances of the patient. If any, the courts will not generally find that such neglect has occurred. [4] Even when a patient refuses to pay for care or is unable to pay for care, the physician is not free to unilaterally end the relationship. The physician must still make arrangements for another person to care for the patient [5] or to allow a reasonable period of time to locate another person before discontinuing care.
Although most of the cases discussed relate to the doctor-patient relationship, as noted above, the same principles apply to. Patient Abandonment – Home Health Care
