Patient Abandonment or Premature Discharge — Can You Sue for Medical Malpractice Under the Law?
Patient abandonment is a form of medical malpractice that occurs when a healthcare provider ends a care relationship with a patient in an improper manner. The relationship often involves a physician, but it can also arise with other licensed professionals such as nurse practitioners or physician assistants when they provide primary or ongoing care. The provider’s termination of care must happen at a time when the patient still requires medical attention, without enough notice or help in finding follow-up treatment. A provider generally cannot withdraw from care based solely on the patient’s inability to pay or a personal wish to end the relationship unless specific safeguards have been met.
Situations Leading to Patient Abandonment
Patient abandonment can occur under various circumstances. One example is a provider who stops seeing a patient with a serious medical condition before the patient has stabilized. Another involves a provider refusing to respond to a patient’s call for urgent help when the patient’s worsening symptoms require prompt evaluation. If staff members fail to relay critical messages, and the patient suffers harm from a delayed or missed update, that situation may also qualify as abandonment. A provider may be justified in ending the relationship without liability if a patient repeatedly fails to attend appointments, refuses to follow medical advice, or demonstrates behavior that puts staff or others at risk, but these cases require careful steps to ensure that the termination does not unfairly leave the patient without care.
Proving a Patient Abandonment Claim
A patient who brings a claim related to abandonment usually must show that a formal provider-patient relationship existed. This relationship is often evident from the moment the provider accepts responsibility for the patient’s care. The patient then needs to establish that the provider ended the relationship too soon by withdrawing care at a time when the patient’s medical needs had not been sufficiently addressed. There must also be proof that the provider did not give adequate notice or assistance in securing substitute care. In evaluating whether the notice was reasonable, courts consider the urgency of the patient’s condition. If a patient’s condition is critical, providers should offer more immediate help to secure ongoing care. The patient must finally demonstrate that this abrupt severance caused direct harm, such as a worsening condition or preventable complications.
Role of Non-Physician Providers
Although many cases of patient abandonment involve physicians, other licensed professionals who take on similar roles may also face liability. Nurse practitioners, physician assistants, or any provider with primary responsibility for the patient may be held to the same standards if they sever the care relationship without adequate notice or support. The core issues remain the same: the existence of a duty to provide care, the timing and method of terminating that duty, and the harm that results if the termination was conducted improperly.
Premature Discharge From Hospitals
Premature discharge arises when a hospital or its providers release a patient who is not ready to leave. This may happen if the patient’s condition has not been accurately diagnosed, if no effective treatment plan has been fully implemented, or if the patient has not been stabilized. Situations such as overcrowding or financial pressures are not viewed as acceptable justifications for sending a patient home too early. Federal law requires certain hospitals to provide necessary evaluation and stabilizing treatment for emergency conditions before discharging or transferring patients.
Proving a Premature Discharge Claim
A patient who believes they suffered harm from an early release must show that the discharge fell below the accepted standard of care. Expert medical testimony is often needed to illustrate how a well-qualified provider or hospital would have handled the patient’s condition differently. The patient must link the harm to the decision to discharge at that specific time, showing that the injury was foreseeable and attributable to the failure to remain in the hospital for further monitoring or treatment. If a preventable complication develops after the patient has been discharged prematurely, it may strengthen the argument that the early release caused the resulting harm.
Potential Damages and Statutes of Limitations
Damages in medical malpractice claims based on abandonment or premature discharge often include compensation for added medical expenses, physical pain, and loss of earnings if the patient’s condition limits the ability to work. Emotional distress may be considered when the abrupt withdrawal or hasty discharge causes significant mental suffering.
Each state has a defined statute of limitations for filing medical malpractice lawsuits, and these deadlines may vary from a year or two up to several years. Many states also have rules governing the date on which the statute of limitations begins to run, which can be tied to the time of the alleged abandonment, the date of discharge, or the point at which the patient became aware of the harm. Missing the applicable filing deadline typically bars the claim from proceeding, regardless of its potential merits.
