What is the name of your state (only U.S. law)? New Jersey - If a doctor refuses treatment to a patient ( who has not exhibited an misconduct such as missing appointments ,etc.) , claiming he /she can do nothing for a person's "condition" ,(even though they have a non life threatening ailment ) and does not notify that person in writing or refer that person to a physician who would be able to help him/her - is that considered "patient abandonment " ?
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Patient Abandonment
- Thread starter zeina
- Start date
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No. abandonment is starting necessary care and then leaving the patient without turning him over to another equal or superior care provider.
OHRoadwarrior
Senior Member
NO!!!!
The doctor did not abandon the patient. The doctor stated they were not capable of helping the patient. Patient should then seek another doctor capable of helping them. If I have phobic nightmares of a one eyed. one horned flying purple people eater, should my family doctor abandon all his other patients, in a quest to find a doctor capable of curing phobic nightmares of one eyed, one horned, flying purple people eaters? Did patient offer to pay for the search in cash, by the hour?
The doctor did not abandon the patient. The doctor stated they were not capable of helping the patient. Patient should then seek another doctor capable of helping them. If I have phobic nightmares of a one eyed. one horned flying purple people eater, should my family doctor abandon all his other patients, in a quest to find a doctor capable of curing phobic nightmares of one eyed, one horned, flying purple people eaters? Did patient offer to pay for the search in cash, by the hour?
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No is right ....
No to your reply which is inccorect . If you are not a lawyer why would you reply ? NJ requires that when a doctor ceases care he/she must do so in writing within 30 days of the termination of care .... and there other provisions in the law , as well , regarding terminating care .... if you dont want to waste your time .. dont write about things you dont know about ..
No to your reply which is inccorect . If you are not a lawyer why would you reply ? NJ requires that when a doctor ceases care he/she must do so in writing within 30 days of the termination of care .... and there other provisions in the law , as well , regarding terminating care .... if you dont want to waste your time .. dont write about things you dont know about ..
if you are so certain you know the answer, why did you post here in the first place?No to your reply which is inccorect . If you are not a lawyer why would you reply ? NJ requires that when a doctor ceases care he/she must do so in writing within 30 days of the termination of care .... and there other provisions in the law , as well , regarding terminating care .... if you dont want to waste your time .. dont write about things you dont know about ..
OHRoadwarrior
Senior Member
Clarifying "Patient Abandonment"
Okay I will give you link to show you are wrong. Feel better now?
On Patient Abandonment
We must recognize that there are legitimate reasons across all fields of health care to cease providing treatment to a patient. Some of these are clear-cut. First, when treatment needs exceed the ability and expertise of a health care professional, the patient is best served by having care transferred to a more qualified practitioner. Since the goal of health care is the well being of the patient, withdrawing from a case when one's skill can no longer be of benefit is justified, even though claims of abandonment may be raised by the patient. However, the manner in which one presents the need for a transfer of care, and the degree to which the patient is made aware of this need and involved in the choice of a new practitioner, are important factors in lessening the patient's perception of abandonment.
Okay I will give you link to show you are wrong. Feel better now?
On Patient Abandonment
We must recognize that there are legitimate reasons across all fields of health care to cease providing treatment to a patient. Some of these are clear-cut. First, when treatment needs exceed the ability and expertise of a health care professional, the patient is best served by having care transferred to a more qualified practitioner. Since the goal of health care is the well being of the patient, withdrawing from a case when one's skill can no longer be of benefit is justified, even though claims of abandonment may be raised by the patient. However, the manner in which one presents the need for a transfer of care, and the degree to which the patient is made aware of this need and involved in the choice of a new practitioner, are important factors in lessening the patient's perception of abandonment.
Once again incorrect ..
Im not wrong .. did you read your own reply .. ??? The doctor must given written notice if he/she ceases care, a doctor also must make a referral if the care is beyond his or her scope , etc ...
so since you have little time , as stated in your tag.... respect the fact that you are wasting mine
tsk tsk - ego ego
Im not wrong .. did you read your own reply .. ??? The doctor must given written notice if he/she ceases care, a doctor also must make a referral if the care is beyond his or her scope , etc ...
so since you have little time , as stated in your tag.... respect the fact that you are wasting mine
tsk tsk - ego ego
OHRoadwarrior
Senior Member
Don't be surprised if no one else here wastes your time.
Indiana Filer
Senior Member
So tell us what you want to hear...otherwise, you will continue to get legally accurate answers.Im not wrong .. did you read your own reply .. ??? The doctor must given written notice if he/she ceases care, a doctor also must make a referral if the care is beyond his or her scope , etc ...
so since you have little time , as stated in your tag.... respect the fact that you are wasting mine
tsk tsk - ego ego
lealea1005
Senior Member
If the Physician didn't start care before telling you he couldn't treat you, why would there even be appointments for subsequent visits scheduled? If treatment wasn't started, then the patient wasn't abandoned.the doctor did start care and then did not follow up with subsequent treatments - still not abandonment ????
Are you an established patient of this Physician?
This applies when the patient is being fired/exited from the practice and s/he is removing himself/herself from ALL further attendance.
Oh, and before you start ranting, I know what I'm talking about (as did the other posters who correctly answered your question).
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reply
Actually, the replies were not accurate which prompted me to look further in to it , instead of offering "canned " answers that the responders found on the internet. So thank you ..since the first reply was pertinent to Occupational Therapists ... What was I looking for was someone who actually knows the law or who is interested in knowing the law .. not random posts from the internet. The Board of Medical Examiners for each state posts their rules ( according to the Medical Practice Act of their state) on the Division of Consumer Affairs) .
If the patient asks for help , the doctor is required to help them : the language of the ruling states that when a patient requests help the treating physician must make reasonable efforts to assist the patient in getting treatment from another qualified physician: these efforts include but are not limited to referral. In addition if the physician terminates the relationship , they must do so with a writte notification.
Actually, the replies were not accurate which prompted me to look further in to it , instead of offering "canned " answers that the responders found on the internet. So thank you ..since the first reply was pertinent to Occupational Therapists ... What was I looking for was someone who actually knows the law or who is interested in knowing the law .. not random posts from the internet. The Board of Medical Examiners for each state posts their rules ( according to the Medical Practice Act of their state) on the Division of Consumer Affairs) .
If the patient asks for help , the doctor is required to help them : the language of the ruling states that when a patient requests help the treating physician must make reasonable efforts to assist the patient in getting treatment from another qualified physician: these efforts include but are not limited to referral. In addition if the physician terminates the relationship , they must do so with a writte notification.
tranquility
Senior Member
Let's pretend the facts were to actually indicate some tort by the doctor here.
What are the damages?
What are the damages?
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