Each year, an estimated 225,000 people die from some form of medical malpractice, from wrong diagnosis to surgical errors to incorrect dosages. In the United States, medical malpractice ranks third among the most common causes of death. Out of all the people who suffer from medical malpractice, a mere 2 percent file claims for compensation.
Each year, an estimated 225,000 people die from some form of medical malpractice, from wrong diagnosis to surgical errors to incorrect dosages. In the United States, medical malpractice ranks third among the most common causes of death. Out of all the people who suffer from medical malpractice, a mere 2 percent file claims for compensation.
The number of those who receive compensation for their injury, pain, and suffering or failing health is even lower. According to a 2002 Healthgrades study, an average of 195,000 hospital deaths in the United States were caused as a result of potentially preventable medical errors.
One of the most common examples of medical malpractice claims is negligent abandonment of a patient. Patient abandonment is a form of medical malpractice that takes place when the doctor-patient relationship is terminated by a doctor without reasonable notice or excuse, and the patient is not provided with an opportunity to find a qualified replacement healthcare provider.
What are the Elements of Patient Abandonment?
It is important to point out that whether or not patient abandonment has taken place is an issue that is very fact-specific, and the potential legal liability of a physician can vary from state to state. When it comes to patent abandonment cases, there are certain common elements such as:
· First, it is required to establish whether there was a doctor-patient relationship. This means that there must have been an agreement that the doctor would treat the patient, and also, treatment must be underway.
· Second, the abandonment must occur when medical attention was still required by the patient. This is known as the treatment process’ “critical stage”.
· Third, the abandonment must have occurred so abruptly that the doctor did not provide the patient with sufficient time or resources to find a suitable doctor to then and take over treatment.
· Finally, the patient abandonment must cause injury to the patient as a direct result.
When does Patient Abandonment Occur?
There are many real-world situations in which a doctor-patient relationship might be terminated by a physician without a reasonable excuse.
For example, if treatment is intentionally refused to a patient by a doctor due to failure to pay their medical bill, it is often considered unjustified. And if a patient is unable to contact their doctor (or backup or “on call” doctor) for an unreasonable amount of time when they need medical care and the patient ends up suffering harm as a result, it could amount to patient abandonment.
You should keep in mind that patient abandonment can also occur between the patient and other types of health care providers, not just between the patient and doctor. For example, if it has been established that a nurse-patient relationship exists, and the same legal elements mentioned above are present, then there may be a valid medical malpractice claim that is based on patient abandonment.
Patient abandonment can take place when:
· the hospital does not have adequate staffing
· a patient misses an important follow-up appointment due to the medical staff’s failure to reach out
· an urgent question from the patient is failed to be communicated by the medical staff to the doctor, or
· an appointment is scheduled too far in the future and results in preventable harm to the patient due to the worsening of their condition
RMFW Law Knows How to Win!
If you or a loved one have suffered injury or harm as a result of patient abandonment by your physician, you should immediately seek the legal counsel of a profound, innovative, and skilled medical malpractice attorney at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000.
The first meeting with us free. We know how to win cases. We have been doing this for years and years. We have won millions of dollars for past clients – you too can be on this fabulous list. Pick up the phone, please take that initiative. We cannot do that for you. What do you have to say? Do you want your voice heard? RMFW Law knows what a winning case looks like. If your case is viable, we can carry that legal torch for you all the way to the end. Whether we go to court or settle, you will be informed before every major decision is made.
