Doctor-patient relationships can be tricky. Many people believe their doctors don’t give them the time or attention they need. Meanwhile, doctors often have too many patients to spend enough time with them individually. Some doctors don’t like patients asking a lot of questions. They may feel like their patients are questioning their diagnosis or recommendations.
Further, patients often interact with their doctors only when there’s something wrong and they’re frightened, in pain or feeling sick. All of this can lead to an increasingly rocky relationship.
What if your doctor tells you that you need to find care somewhere else because they will no longer treat you? This can come as a shock. Can they do that? They can, but there’s a process they typically need to follow to avoid being accused of “medical abandonment.”
What does a patient have a right to expect if a doctor no longer wants to treat them?
According to the Florida Board of Medicine, a medical provider “may not abandon a patient and should provide continuity of care in accordance with the prevailing professional standard of care.” This is required even if a patient has filed a malpractice claim or another legal claim against them, if they haven’t paid their bills or if they’ve engaged in some kind of threatening or criminal conduct.
A doctor needs to provide written notice to a patient of their decision to terminate care even if they’ve discussed it with them. This notice should include the reason for their decision and the effective date. Note that a doctor cannot terminate care of a patient based on any legally protected characteristic like race, religion or disability.
The amount of notice given is typically 30 days, but it can be less if there are circumstances that warrant it. There may be situations in which a doctor needs to continue care longer – for example, if a patient is in an important phase of treatment. A doctor should provide one or more recommendations for other medical providers and offer to provide a copy of patient records and anything else needed to make the transition smoother.
When is termination of care grounds for malpractice?
Medical abandonment isn’t specifically codified in the law. Regulations around it generally are provided by state medical organizations like the Florida Board of Medicine as well as national organizations and even medical malpractice insurers.
If a doctor has notified you that they will no longer treat you, that alone isn’t grounds for a malpractice suit. However, if they didn’t follow these basic steps and you have suffered harm as a result of them ending your care, it may be wise to get legal guidance to determine what type of recourse you may have.