Patient Abandonment : Home Health Care

Regions of explanation for Action for Abandonment

All of the following five elements must be present for a patient to have a proper city cause of action cardione bewertung for the tort of abandonment:

  1. Health care treatment was unreasonably ceased.
  2. The firing of health care was contrary to the patient’s will or without the patient’s knowledge.
  3. The health care provider failed to arrange for care by another appropriate skilled health care provider.
  4. The health care provider should have reasonably foreseen that harm to the client would arise from the firing of the care (proximate cause).
  5. The client actually suffered harm or loss as a result of the discontinuance of care.

Health professionals, nurses, and other health care professionals have an meaning, as well as a legal, duty to avoid abandonment of patients. The health care professional has a duty to give his or her patient all necessary attention as long as the case required it and should not leave the client in a critical stage without giving reasonable notice or making suitable arrangements for the presence of another. [2]

Abandonment by the Physician

When a physician undertakes treatment of a patient, treatment must continue so that the patient’s circumstances no longer guarantee the treatment, health related conditions and the patient mutually consent to end the treatment by that physician, or the client discharges health related conditions. Moreover, health related conditions may unilaterally terminate the relationship and withdraw from treating that patient only if she or he increases the patient proper notice of his or her intent to withdraw and time to obtain proper substitute care.

In your house health setting, the physician-patient relationship does not terminate merely because a patient’s care adjustments in its location from the hospital to the home. If the patient continues to need medical services, checked health care, therapy, or other home health services, the attending physician should ensure that he or she was properly dropped his or her-duties to the patient. Virtually every situation ‘in which home care is approved by Medicare, Medicaid, or an insurance company will be one in which the patient’s ‘needs for care have continued. The physician-patient relationship that existed in the hospital will continue unless it has been previously terminated by notice to the patient and a reasonable attempt to refer the client to another appropriate physician. Otherwise, health related conditions will retain his or her duty toward the client when the patient is dropped from the hospital to the home. Failure to follow through on the part of health related conditions will constitute the tort of abandonment if the patient is injured as a result. This abandonment may expose health related conditions, a medical facility, and the home health agency to liability for the tort of abandonment.

The attending physician in the hospital should ensure that a proper suggestion was created to doctor who will lead to the home health patient’s care even as it is being delivered by the home health provider, unless health related conditions hopes to continue to watch over that home care personally. Even more important, if the hospital-based physician arranges to offer the patient’s care assumed by another physician, the client must understand this change, and it must be carefully documented.

As supported by case law, the types of actions that will lead to liability for abandonment of a patient would include:

• premature discharge of the patient by the physician

• failure of the physician to provide proper instructions before discharging the client

• the statement by the physician to the patient that the physician will not treat the client

• refusal of the physician to respond to calls or further attend the client

• the healthcare provider’s leaving the client after surgery or failing to follow up on postsurgical care. [3]

Generally, abandonment does not occur if the physician responsible for the client arranges for a substitute physician to take his or her place. This change may occur because of vacations, relocation of the physician, illness, distance from the patient’s home, or retirement of the physician. As long as care by an appropriately trained physician, sufficiently knowledgeable of the patient’s special conditions, if any, has been arranged, the courts will most likely not find that abandonment has occurred. [4] Even where a patient refuses to pay for the care or is unable to pay for the care, health related conditions is not at liberty to terminate the relationship unilaterally. Health related conditions must still take measures to offer the patient’s care assumed by another [5] or give a sufficiently reasonable period of time to locate another prior to ceasing to provide care.

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