New Jersey DWI Attorney John Menzel

Can Patient Abandonment Lead To A Medical Malpractice?


Before trying to understand whether patient abandonment can lead to a medical malpractice, a person first needs to understand what exactly patient abandonment means. Patient abandonment refers to just that: when the patient is abandoned by their health care provider. The health care provider ends the patient-doctor relationship without any valid reason or any notice ahead of time. They just stop treating the patient.

Along with doing this, they do not allow the patient the time to be able to get another doctor to treat their condition. When this occurs, the patient can suffer further injury by the delay in being treated and seen by another doctor. This is a form of medical malpractice because every doctor must refer their patient to another medical professional that can help them before cutting off the patient-doctor relationship.

No doctor should just get rid of their patients without taking any responsibility for them. The best medical malpractice attorneys in Tampa, FL knows that a doctor has a duty to their patients and that duty is to ensure that they are safe and referred to the right physician when they cannot treat them. There are a few elements that must be present for a patient abandonment to be viable. Below will be listed the four elements that a patient abandonment must contain for it constitute a medical malpractice.

Required Elements in Patient Abandonment

The liability of a doctor in a patient abandonment varies in every state. These are the necessitated elements in a patient abandonment case:

  • The most obvious element is that the patient must have been that doctor’s patient. There must have been a treatment by the doctor which the patient agreed to
  • The critical stage of the patient must have still been present the moment they were abandoned. In other words, the patient must have still required medical care when the doctor abandoned them
  • The patient was abandoned so rapidly that they were unable to obtain a replacement doctor because they were not given any time to do so
  • The patient abandonment led to the patient’s injury

Patient abandonment can occur for many different reasons. The reasons can range from the patient not having enough to pay medical bills to inadequate staffing. Regardless of the reason for the patient abandonment, when the four elements are present, the patient can file a medical malpractice lawsuit against the medical professional with a Tampa lawyer.

Were You Abandoned?

If the answer to that question is yes and all the four elements have been met, the injured person should meet with a Tampa lawyer from Percy Martinez Law Firm that specializes in medical malpractice cases. If a doctor does choose to abandon a patient, they must do so in the correct way by following all the rules. Patient abandonment is a form of medical malpractice that many patients might not even be aware of. The firm will hold those accountable for their mistakes.

Share this Article

About the Author

Talented, motivated, and service-oriented expert John Menzel J.D. provides strong representation for DUI cases.