Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Is medical abandonment a type of malpractice? My doctor left a friend if mine without complete care, and he got worse and had to have emergency surgery. Can he file a lawsuit?
short answer is “yes.” Medical abandonment (or patient abandonment) can add up
to the kind of medical negligence that can form the basis for a viable medical
for the long answer: Abandonment occurs when a physician refuses to continue treating a patient who is
still in need of medical attention. In essence, the doctor severs the physician-patient
relationship without giving the patient proper notice and a reasonable
opportunity to find another physician who can take over the patient’s care.
You’re going to need to establish a all of those elements in order
to make a successful case.
more, you’ll need to show that some kind of tangible harm resulted from the “abandonment,”
because even if the abandonment amounted to medical
negligence, it is only actionable if it was the legal cause of damages
suffered by the plaintiff. No harm, no foul, in other words.
most medical malpractice cases, a patient abandonment claim will hinge on
establishing that what the defendant doctor did (or did not to) in light of the
standard of care under the circumstances.
injured patient will typically retain a qualified expert medical witness who
has experience in the medical field in which the defendant specializes. The medical
witness will examine the records and the facts before presenting thorough
testimony on 1) the type and quality of care that a competent and
similarly-trained medical professional would have provided in the same
circumstances, and 2) how the care that the defendant provided failed to measure
up to that standard.
by: David Goguen, J.D.
Copyright © 2014 Nolo ® | Security & Privacy | Terms and Conditions | Disclaimer — Legal information is not legal advice