Medical Abandonment- What is the Physician's Responsibility?

The formal physician-patient relationship begins when the physician first "diagnoses and treats, or participates in diagnosing and treating the patient". The relationship continues from this point on until formal termination.  Formal termination can occur in a number of ways: first, the patient can choose to end the relationship and dismiss the physician; second, the patient and the physician can mutually agree to terminate the relationship; and third, the physician can terminate the relationship, advise the patient in writing, and continue to treat the patient until a new physician can be located. The patient can end the relationship at any moment, but the physician must give the individual a fair quantity of time before stopping care to find a new physician, and must do so in writing.

Abandonment happens when a doctor does not terminate the relationship properly. Patient abandonment can lead to medical malpractice lawsuits predicated on doctor negligence if any harm came to the patient due to a lapse in care.

It seems that it would not be difficult for a patient to locate a new doctor, but this isn't always the case. If a patient has a complex disorder or lives in a rural area, they might have limited choices. Additionally, quite ill patients often have a tendency to suffer from exhaustion that can make it hard to get out and find a new physician.

One case of harm resulting from a lapse in care is as follows: A rural patient with HIV who is dependent on multiple drugs is abandoned by his physician. The patient finds this out when he tries to renew his prescriptions and is denied. Not able to acquire his vital medications, the patient hunts for a new physician. Sadly the new doctor cannot see him for 4 weeks and, without examining the patient, cannot prescribe medications. During this period of time, the patient's illness worsens and he contracts a serious disease that leads to mechanical ventilation and irreversible breathing difficulties. It may be claimed this patient suffered serious, irreversible damage due to being abandoned by his physician and has the basis of a malpractice lawsuit.

Undoubtedly this scenario is scarce and most cases of doctor abandonment don't result in damage. Nevertheless, physicians should know about possible problems and practice "defensive medicine" when it comes to their relationship with their patients. Physicians must take their responsibility toward their patients very seriously.

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