Patient Abandonment as Medical Malpractice

What is Patient Abandonment?

Patient abandonment is when a physician unexpectedly terminates the doctor-patient relationship without providing a reasonable excuse or an avenue for the patient to find another care provider to replace them.

For a case to be patient abandonment, and therefore medical malpractice, a doctor-patient relationship must have been
established at some point. The abandonment must also occur when the patient is still in the critical stage of treatment,
or still in need of medical attention.

The abandonment must have occurred abruptly enough that the patient couldn’t find a replacement physician in time to
resume treatment. As a result, the patient must have suffered an injury as a result of being abandoned.

Nurses and other medical professionals may also be held responsible for patient abandonment. Patient
abandonment can be caused by inadequate hospital staffing, failure to reach out to a patient who missed a
crucial follow-up appointment, or failure to communicate important information to a patient.

Scheduling a follow-up so far in the future that the patient’s condition worsens may also be considered abandonment.

“I’ve dedicated my entire life to helping our clients receive full compensation for their injuries.”

Gary Burger

Litigation attorney

What Isn’t Patient Abandonment?

Most cases where a doctor ceases treatment aren’t considered abandonment. The doctor can terminate the relationship if
they don’t have the skills, supplies or resources to provide proper treatment. They can also terminate the relationship
if a patient violates the policies of the physician, frequently misses appointments, refuses to cooperate, or exhibits
inappropriate behavior.

Even in these cases, a physician will usually treat the patient until a transition to another physician can be made. In
these cases, even the best personal injury lawyers will have a hard time proving abandonment.

Talk to a personal injury lawyer if you’re still not sure that you have a case.

Patient Abandonment Lawsuits

Patient abandonment often causes serious harm to patients by interrupting their treatment, which can impede their recovery. You, therefore, have a legal right to obtain compensation for any healthcare negligence, including patient abandonment. 

Anyone who wishes to bring a medical malpractice lawsuit for patient abandonment must demonstrate the elements of negligence.

Here are the four elements of negligence in patient abandonment:

• An established doctor-patient relationship: It means that a physician or healthcare provider agreed to treat the patient and initiated a treatment plan
• Critical Stage: You must prove that a healthcare provider terminated the treatment plan in a crucial stage. For instance, if a healthcare provider recommends a regimen—they must supervise until completion to avoid a case of patient abandonment.
• Abrupt Abandonment: The treatment plan should be suddenly terminated so you don’t have time to find another healthcare provider.
• Damages: You must have suffered monetary or psychological loss because of the terminated treatment plan. For instance, a worsened condition that requires higher medical expenses than anticipated.

Who Can Be Liable in a Patient Abandonment Lawsuit?

Different healthcare providers can commit patient abandonment, including:

• Therapists
• Nurses
• Physicians assistants
• Midwives
• Optometrists

You can file a medical malpractice lawsuit against any healthcare provider who commits a patient abandonment offense. In addition, you can sue a hospital or a clinic that employs the employee through the legal doctrine of respondeat superior. 

Respondeat superior is a vicarious liability where a person or entity(healthcare provider) may be liable for an employee’s act or omission.

Examples of Cases That Constitute Patient Abandonment

There are many examples of patient abandonment, including:

• Failure to notify a patient about an urgent medical concern
• Discharging a patient too soon
• Inadequate staffing in hospitals and other care facilities
• Scheduling medical appointments that are too far in the future which contributes to the worsening of the patient’s condition.
• Failure to contact patients who miss medical appointments or schedule further treatment
• Healthcare providers are unavailable and fail to provide access to backup or a physician on-call
• Failure to schedule medical appointments in a timely way which results in a temporary deterioration of a patient’s condition

What Types of Damages Can You Recover in a Patient Abandonment Lawsuit?

If you successfully prove you suffered harm as a result of patient abandonment, you may be entitled to the following damages:

• Medical Expenses: A patient may seek alternative care from a different physician or health facility after abandonment by a healthcare provider. They, therefore, deserve compensation for additional charges related to a new treatment plan, including consultation, hospitalization, medication, or diagnostic tests.
• Emotional Stress: The act of being abandoned by a healthcare provider can trigger anxiety and stress, negatively impacting their mental health. The added stress or anxiety can affect their recovery, highlighting the need for compensation.
• Lost Wages: Due to the worsening injury, you may miss work, take sick leave, or have your wages discontinued. Medical malpractice law allows you to recover the financial losses from your inability to work.

You may also recover additional damages, including pain and suffering, loss of companionship, out-of-pocket expenses, and reduced quality of life.

Every year, approximately 44,000 to 98,000 Americans die in hospitals due to preventable medical errors. Over $3 billion
was spent on medical malpractice payouts in 2012,
averaging one payout every three minutes, but that still only accounted for .3% of America’s annual healthcare spending.
The annual cost of actually treating preventable medical errors was $29 billion.

If you think you’ve been a victim of medical malpractice but you’re not sure when to call a personal injury attorney, it’s important to consider the details of your case. Most personal injury lawyers will tell you that not all medical malpractices start from a dramatic injury or death. It may be as simple as patient abandonment.

Please check out the statute of limitations for medical malpractice in Missouri.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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