What Is Patient Abandonment?

When we seek treatment for a medical condition or injury, we expect to receive the necessary care from our providers until the condition resolves or we reach maximum medical improvement. But what happens when a doctor or facility discharges a patient and fails to provide necessary ongoing care, causing a worsened medical condition?

Patient abandonment is a form of medical malpractice because it does not uphold the medical community’s standard of care. When a doctor or other provider commits patient abandonment and the patient experiences a worsened medical condition, the negligent medical provider is liable for the damages to the victim.

Understanding Patient Abandonment

Patient abandonment is a form of medical malpractice that isn’t as commonly acknowledged as misdiagnoses and surgical errors, but it’s a serious matter that can result in significant harm or death. The term “patient abandonment” describes a situation where a doctor ceases a patient’s medical treatment while they still require care without giving the patient reasonable notice, alternatives to care, or justification for ending treatment prematurely. When a provider’s abandonment of their patient impacts their patient’s prognosis or causes their wrongful death, the injury victim or their surviving family member can pursue justice and financial accountability through a medical malpractice claim against the negligent healthcare provider or the facility. In cases of egregious abandonment resulting in serious harm or death, negligent providers may also face criminal charges.

What Is “Duty of Care” In Medical Malpractice Cases Such as Patient Abandonment?

Proving medical malpractice through patient abandonment requires documenting evidence showing the case meets the following legal tenants of medical malpractice liability:

• A doctor-patient relationship existed at the time the malpractice occurred
• The provider owed a duty of care to treat the patient the way another, reasonable provider would have under the same circumstances at the level of care accepted as the standard in the medical community
• They breached their duty of care through negligence by abruptly abandoning a patient who still required care without reasonable notice, referrals, backup providers, or followups
• The patient suffered an injury, a worsened medical condition, or death from the abandonment
• The patient experienced economic and non-economic damages from the abrupt abandonment

Damages in patient abandonment cases typically include compensation for pain and suffering as well as for further medical care, lost wages, and other damages unique to the case such as disfigurement, or diminished quality of life. If the patient’s abandonment resulted in death, the victim’s close family members can recover compensation through a wrongful death claim.

Examples of Patient Abandonment Cases

A doctor must complete an appropriate care plan for their patient or provide back-up care through another provider. Some examples of patient abandonment cases include:

• A case against a post-operative nurse who left the hospital before her shift had ended, leaving her patients without care or proper monitoring
• A patient forced to leave a hospital and walked to a bus stop on a freezing night while wearing only a hospital gown
• A doctor discharges a face-lift patient from the hospital while the patient shows signs of infection and then refuses to respond to the patient’s calls for medical assistance
• A healthcare provider becomes unavailable to a sick patient without providing a back-up doctor or on-call physician

Once a doctor/patient relationship has been established, a doctor cannot abandon the patient by leaving them without care while their condition requires further treatment.

How Can a Medical Malpractice Lawyer Help?

Proving medical malpractice can be challenging. An experienced attorney will investigate the case and document compelling evidence of liability in a medical malpractice claim for patient abandonment. Your Phoenix medical malpractice attorney from Knapp & Roberts will also carefully calculate your damages so you receive the maximum compensation available to you in your case.

If you believe your doctor or other medical provider abandoned you while you still needed care or your loved one died due to a doctor’s abandonment, call the attorneys at Knapp & Roberts for the compassionate, skilled victim advocacy that gets results through prompt action and assertive representation.