Patient Abandonment?

[Danielle99]

What is the name of your state? Cleveland is where the incident occured.

A surgeon agreed to operate on me at the end of may, and the operation was scheduled for mid-June. I just received a call that he has decided not to do the operation because he thought I asked too many questions, and I seemed to be a difficult patient (this was insinuated). He did not call. His nurse did. I watied 3 months to have an appointment with him, and he is one of the few people in the country that can take my case. I rearranged my entire summer to have this surgery, and now my summer is screwed up (including the fact I missed my graduation from business school) and I can't find too many other people to operate. Is this patient abandonment? I am not sure how to quantify my damages... since he is not in my state, I had to travel to him. Also, I had to pay his consult fee. Also, I had pre-operative lab co-pays. So, I was out about $1200. I spent a tremendous amount of time preparing for the consult with a lot of background information. It's amazing that if I were to cancel the surgery, I'd lose a $2000 deposit...but since he cancels, nothing happens... because why, his time is more valuable than mine? It's such a joke. I'm very angry so if you side with him, just do it nicely please. Thank you.

 

[longsally111]

I would need to know what kind of surgery you are having, what transpired between you and the dr, how long did this process take....etc

 

[barry1817]

abandonment

What is the name of your state? Cleveland is where the incident occured.

A surgeon agreed to operate on me at the end of may, and the operation was scheduled for mid-June. I just received a call that he has decided not to do the operation because he thought I asked too many questions, and I seemed to be a difficult patient (this was insinuated). He did not call. His nurse did. I watied 3 months to have an appointment with him, and he is one of the few people in the country that can take my case. I rearranged my entire summer to have this surgery, and now my summer is screwed up (including the fact I missed my graduation from business school) and I can't find too many other people to operate. Is this patient abandonment? I am not sure how to quantify my damages... since he is not in my state, I had to travel to him. Also, I had to pay his consult fee. Also, I had pre-operative lab co-pays. So, I was out about $1200. I spent a tremendous amount of time preparing for the consult with a lot of background information. It's amazing that if I were to cancel the surgery, I'd lose a $2000 deposit...but since he cancels, nothing happens... because why, his time is more valuable than mine? It's such a joke. I'm very angry so if you side with him, just do it nicely please. Thank you.

In the state that he is practicing, I would call that state's Medical Board and ask those questions directly.

When you have an understaning of what is considered abandonment, and an opinion from the Med Board, it might make it easier to have an understanding about how to proceed.


I do know that on boards that I participate in there seems to be a universal type understanding that a doctor, ending a relationship, should provide emergency care for a limited time, until the patient can seek another provider.

I would certainly be asking for deposit back, and for copies of your records.

 

[lya]

The poster went for a consultation appointment, which required evaluation of the patient's physical and mental health. Surgery was scheduled BUT the surgeon had doubts and made the decision to decline to provide his/her services for said surgery. SUCH ACTION IS NOT PATIENT ABANDONMENT.

As much as the poster wants this surgery, it may not be a realistic expectation. For example, not every patient who qualifies for gastric bypass or "lap banding" surgery is approved for the surgery; one of the most frequent reasons for denying the patient this surgery is the surgeon's opinion that the patient's emotional well-being will adversely affect the outcome.

Here is the definition of patient abandonment:

Abandonment is sometimes defined as the unilateral termination of the provider/patient relationship at a time when continuing care is still needed. It is a form of negligence that involves termination of care without the patient’s consent.

To prove abandonment, a plaintiff must show that a patient needs care — that a medical provider has entered into a relationship to provide care to that patient, and then either stops providing care or transfers care to a person of lesser training when the patient needs the higher level of training.

The poster should be refunded the downpayment or retainer, but all diagnostic testing and evaluation is necessary and the payment for the testing should not be refunded.

 

[ecmst12]

It seems that based on that definition, abandonment could only happen in the case of urgently needed, non elective surgery. The fact that it was scheduled months in advance, and cancelled weeks in advance, indicates that it was not urgent and the time needed to find another doctor would not harm the patient.

 

[Danielle99]

Does anyone have a suggestion on how to get the deposit back?

It sounds like it is not patient abandonment. Lya - doesn't he have to at least provide an explanation vs. just having a nurse call and refusing to even talk to me or refer me elsewhere? If there is a real medical reason I shouldn't do the surgery, I feel like he has an obligation to tell me rather than just having a nurse call and say he's not going to do it because I asked too many questions (in a 30 minute consult...i'm not sure how much I could've asked).

I guess I am most annoyed that he said everything was fine in the office and we could go ahead but a week later he was like - nope which made my summer totally screwed up - left my deposit money in their account, etc... and nothing I can do. I had 1 30 minute consult with him so I cannot imagine what made me such a problem. Even if I have no legal case I am sure you can understand my frustration.

The surgery had medical and elective components so that is why i could wait so long. I'd rather not put the whole thing out on the web. I do not have any serious disease but there is a chronic problem that I can fix or can live with...and very few docs can fix it. He could and then decided not to - abrubtly.

He's done this to another patient I know. He's also threatened other patients w/ cancellation for various reasons. If he wanted to decline my case, he had an opportunity via email in March (I sent a "should I even bother" kind of email) and in our in-person consult. Nothing changed from the email to the in-person consult to the day I got the cancellation call.

 

[lya]

Danielle
The surgeon does not have to call you; his employee called on his behalf.

If you have heard remarks indicating that he is less than a patient-friendly surgeon, you really don't want him to perform an elective surgery on you; do you?

Send a letter, certified and return receipt requested, and demand the return of your money held as deposit. Provide a 30-day time limit or other REASONABLE number of days in which the surgeon must return your funds to you.

I do understand your frustration. I just think you are better off without this surgeon and maybe without having the surgery. Give it some thought.

 

[barry1817]

abandonment

It seems that based on that definition, abandonment could only happen in the case of urgently needed, non elective surgery. The fact that it was scheduled months in advance, and cancelled weeks in advance, indicates that it was not urgent and the time needed to find another doctor would not harm the patient.

I wonder what the dynamics would be if a patient had, for example, a rotator cuff tear. Patient sees doctor, and surgery is set up. A couple days before the surgery the surgeon says he isn't doing it. The patient is left to find another doctor, go through consultations and reset the surgery. All the while, the non threatening surgery, rotator cuff tear, is causing problems for the patient. Would that be abandonment or not? It isn't an emergency, and people live all the time with this problem. Suppose this doctor was the only orthopedic surgeon in an area where the patient lived. I know that I am putting out suppositions in this case.

But I guess that I am more concerned about the whys, and reasons at this time.

 

[lya]

As you stated, Barry, rotator cuff surgery is elective. If the surgeon declines to take the patient prior to surgery, I don't believe there is a problem. If the surgeon performs the surgery and during the post-op period decides he/she no longer wants to treat the patient, the surgeon is duty-bound to continue post-op care while assisting the patient in gaining post-op care at the same level of proficiency (or higher) than the surgeon is currently providing.

Same thing applies if a physician is treating a patient for a rotator cuff tear: if the physician decides, unilaterally, to stop treating the patient, the physician must continue care while assisting the patient in gaining treatment at the same or higher level as is being currently provided. The physician would be abandoning the patient if he/she simply interrupted necessary treatment by declining to see the patient again.

In the above scenario, if the treating physician referred the patient to a pain clinic and the patient did not go but continued to call and/or seek treatment from the physician for pain management alone, the physician could stop treating the patient as appropriate referral has been made.