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Generally speaking, once a physician-patient relationship is established, the physician has an ongoing responsibility to the patient until the relationship is properly terminated. Improper termination can result in a patient abandonment claim.

Timing must be a primary consideration when contemplating termination of treatment. To avoid abandonment, a physician must give a patient a reasonable opportunity to safely continue care with another healthcare provider. Patients with acute conditions may find it next to impossible to safely locate a new provider. For various other patients — the indigent, rural dwellers, individuals with rare conditions or combinations of conditions — it could take longer than average. Safely dismissing patients in these circumstances may take additional effort, planning and documentation.¹

Inadequate coverage arrangements can lead to abandonment allegations. Any time you are unavailable to your practice (e.g., on vacation, observing holidays, attending medical conferences, suffering from an illness, treating other patients, etc.) appropriate coverage must be arranged. The following case studies highlight the risks of poorly planned coverage.

A carefully planned and executed patient notification process is the key to ensuring continuity of care and minimizing liability risk when retiring or closing a practice. The method by which you inform patients should be based on whether they are active or inactive. Consider the following recommendations:

A patient with a potential post-operative complication should not be terminated until the complication is resolved.