Home Health Care

Elements of a cause of action for abandonment

Each of the following five elements must be present for a patient to have a proper civil cause of action for tort of abandonment:

1. Health care was interrupted.

2. Termination of health care was against the patient's will or without the patient's knowledge.

3. The health care provider has not secured care by another suitable qualified health care provider.

4. The health care provider should have foreseen that the termination of care would cause harm to the patient (proximate cause).

5. The patient actually suffered harm or loss as a result of the interruption of care.

Doctors, nurses and other healthcare workers have an ethical and legal obligation. A medical professional has a duty to give his patient all the necessary attention if the case requires I.

Abandonment by the doctor

When a physician begins treatment of a patient, the treatment must continue until. Also, the physician may end the relationship and withdraw from the patient's treatment only if the patient is notified of his intention to withdraw and given the opportunity to get proper replacement care.

In the home health setting, the doctor-patient relationship does not end because the patient's care moves from the hospital to the home. If the patient continues to must medical services, supervised health care, therapy, or other home health services, the attending physician should ensure that his or her responsibilities to the patient are met. any situation "in which home care is approved by Medicare, Medicaid, or an insurance company will be a sit. The doctor-patient relationship that existed in the hospital will continue unless. Otherwise, the physician retains his duty to the patient when the patient is discharged from the hospital to home. The physician's failure to comply will constitute a tort of abandonment if the patient is injured as a result. This abandonment can subject the physician, hospital, and home health agency to tort liability.

The attending physician in the hospital should ensure proper referral to the physician who will be responsible for the care of the home health patient while the home health care provider is providing it, unless the physician intends to continue to supervise home care . More , if a hospitalist arranges for another doctor to take over a patient's care, the change must.

As supported by case law, the types of actions that will result in liability for patient abandonment include:

• early discharge of the patient by the doctor

• failure to provide proper instructions by the doctor before discharging the patient

• the doctor's statement to the patient that the doctor will no longer treat the patient

• the doctor's refusal to respond to calls or further care for the patient

• the doctor abandons the patient after surgery or does not follow up on post-operative care. [3]

In general, abandonment does not occur if the physician responsible for the patient arranges for a substitute physician to take his place. This change may occur due to a vacation, a doctor's relocation, illness, distance from the patient's home, or the doctor's retirement. As long as care is provided by a trained physician, familiar with any special conditions of the patient, courts will not usually find that abandonment has occurred. [4] Even if the patient refuses to pay for the care or is unable to pay for the care, the doctor does not have the right to end the relationship . The physician must continue to take steps to have another take over the care of the patient [5] or provide a reasonable period of time to find another before ceasing to provide care.

Although most of the cases discussed involve the doctor-patient relationship, as mention. Besides, because the care provided by the home health agency is provided. from a home health care provider.