lawyer when doctors don't follow up with patients

The client may not know they have options and unfortunately, many times the client will never follow up and they will end up just dealing with pain and discomfort. In this situation an attorney may be able to send the client to an orthopedic surgeon to fix the underlying issue so the client can live pain free and not have to deal with discomfort.

Full Answer

What happens if a doctor does not follow up on patients?

If they do not, they may be found to be negligent and a patient may be able to prove that medical malpractice occurred. Malpractice requires proving that a breach in duty occurred in the form of a failure to follow up and that it caused significant patient harm.

What are the legal risks of not following up with patients?

American Medical News reports that “Medical liability experts say missed appointments and failures to follow up pose some of the greatest legal risks for physicians.” And these problems are increasing with more hand-offs and more people being involved with the “team” taking care of the patient.

Does a doctor have a legal obligation to treat a patient?

Under the common law “no duty” rule, unless the physician-patient relationship has formed, the doctor has no legal obligation to treat. However, the converse is that if the relationship has formed there are strict limitations on ending it. So it is essential to understand what may create the physician-patient relationship.

What is inadequate follow up in medical malpractice?

Proving malpractice means proving that a duty to provide care was breached and caused the patient damage. Inadequate follow up measures not only apply, but are increasingly common as reasons that patients file lawsuits. As care has become more ambulatory, follow up care has become more complicated, difficult, an often inadequate.

What can you do if your doctor ignores?

Here are steps you can take if your doctor isn't listening to youBe honest about how you are really feeling. When the doctor says “How are you?” how do you respond? ... Set clear goals and communicate them. Take some time to consider what you want to get out of this appointment. ... Ask the Right Questions. ... Find a new doctor.

How do you prove patient abandonment?

Examples of Patient Abandonmentthe hospital has inadequate staffing.the medical staff fails to reach out to a patient who has missed an important follow-up appointment.the medical staff fails to communicate an urgent question from the patient to the doctor, or.More items...

What is abandonment in the medical field?

Abandonment is considered a breach of duty and is defined as unilateral termination of the physician-patient relationship without providing adequate notice for the patient to obtain substitute medical care. The patient-physician relationship must have been established for abandonment to occur.

What do you do when a doctor doesn't take you seriously?

If you feel your primary care doctor doesn't take your symptoms seriously, ask for a referral to a specialist or go to a different practice for a second opinion. A fresh set of eyes can be extremely helpful. Review how to present your symptoms factually, clearly, quickly, and without unnecessary minutiae.

What is the difference between abandonment and negligence?

Abandonment involves a cessation of treatment with no notice and no opportunity for a patient to find additional treatment elsewhere. Negligence, by contrast, involves inappropriate or flat out incorrect treatment that a doctor provided to the patient.

What is classed as medical negligence?

Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

Can a doctor just drop you as a patient?

Even though physicians retain the legal right to dismiss patients in many situations, there are some circumstances when it's not only unadvisable but unethical and, depending on the state where it occurs, illegal and punishable both by law and by censure.

Can a doctor terminate a patient relationship?

In general, the physician-patient relationship can be terminated in two ways without creating liability for abandonment: 1) the physician ends the relationship after giving the patient notice, a reasonable opportunity to find substitute care and the information necessary to obtain the patient's medical records, or 2) ...

Can a doctor just cut you off?

Yes, your doctor can stop treating you for any non-discriminatory reason.

What is medical Gaslighting?

Medical gaslighting is when a healthcare provider dismisses your complaints or concerns. They don't seem to take you seriously or blame your symptoms on a vague cause (such as stress). And they may send you home without a proper diagnosis or treatment plan.

How long is too long to wait for a doctor?

How long should you have to wait to see a doctor? Fifteen minutes? Doesn't sound unreasonable to me, and one medical practice consultant says, "Research shows that an acceptable waiting time for patients is 15 minutes, 20 maximum, and if patients wait longer, they're really irritated."

Can I sue my doctor?

Patients put their trust in doctors, who have a duty of care towards their patients. Therefore, if a doctor misdiagnoses your illness or medical condition, and this leads to unnecessary suffering or pain, you can sue them for medical negligence.

What happens if a doctor doesn't follow up with a patient?

When a doctor does not follow up with a patient, even if the patient is the one to miss an appointment, it may be considered failure to follow up. This can be considered negligent behavior, and in fact is one of the riskiest problems in healthcare for the medical professional. Without good follow up a patient’s condition could get worse, ...

What happens if a patient does not follow up on a medical malpractice claim?

If they do not, they may be found to be negligent and a patient may be able to prove that medical malpractice occurred. Malpractice requires proving that a breach in duty occurred in the form of a failure to follow up and that it caused significant patient harm.

What is failure to follow up with a patient after sending them to a hospital?

Failure to follow up with a patient after sending them to a hospital. Failure to follow up with a new medication or new dosage. Not communicating the urgency of tests, medications, treatments, or other medical advice.

Why is cancer the most serious consequence of medical negligence?

Cancer is often the most serious consequence of medical negligence because any delay in diagnosis and treatment can lead to progression to a terminal illness. This was the case when a man was treated for a case of anemia. The cause of the anemia could not be found and eventually the man died of colon cancer.

What is the responsibility of a physician?

Physicians, medical offices, and other medical professionals and settings have a responsibility to do more than simply care for a patient once. They have a responsibility to follow up and provide after care. When this doesn’t happen, or there are failures in the follow up leading to inadequate care, the patient may suffer a range ...

What does it mean when a patient doesn't get enough follow up care?

This can be especially serious when the patient’s condition is cancer. Not getting adequate follow up care often means not getting needed or recommended treatments. The ultimate consequences of all of the possible ways in which after care can fail or be inadequate varies by individual.

What happens if you don't follow up on a cancer patient?

In either case the resulting harm may range from additional or worse mild symptoms to severe symptoms and progression of disease, and even death. This can be especially serious when the patient’s condition is cancer.

How to terminate a physician-patient relationship?

A physician-patient relationship can be properly terminated in the following ways: 1 The physician and the patient mutually agree to terminate the relationship. 2 The patient unilaterally dismisses (fires) the physician. 3 The physician terminates the relationship after giving the patient notice and a reasonable amount of time to find another physician.

What happens if a physician terminates a patient relationship?

However, if the physician never formally terminated the physician-patient relationship, then, depending on the circumstances, the patient may have a reasonable expectation that the physician will continue to treat the patient.

What is the proper notice to give to a patient who is actively treating for a condition?

For a patient who is actively treating for a condition, a physician must: give the patient proper notice that the physician is terminating the physician-patient relationship , and. give the patient sufficient time to find another physician before finally refusing to treat the patient any further.

What happens when a physician abandons a patient?

the patient needed continuing medical treatment. the physician stopped treating the patient. the physician did not give the patient enough time to find another doctor before the physician stopped his/her treatment of the patient. as a result of the physician's abandonment of the patient, the patient's condition was made worse.

How long does a patient go without medical treatment?

Let's say that a physician stops seeing a patient without giving proper notice, and, as a result, the patient goes without medical treatment for three months. As a result of this three month gap in treatment, the patient is left with a permanent disability.

Can a patient's failure to pay a medical bill terminate a physician-patient relationship?

A patient's failure or inability to pay the physician's medical bill does not in itself terminate the physician-patient relationship. The physician may choose to terminate the relationship because the patient has not paid the bill, but the doctor still must give proper notice as described above.

How long should a surgeon follow up after surgery?

Action Step Surgeons should always follow up with the patient after surgery for a reasonable period of time.

Why do doctors have to contact the hospital?

In that situation, the physician has a duty to contact the hospital to explain why the patient was sent and to determine if there is a need for the physician to attend the patient while he or she is in the hospital. This is especially true when the patient is sent to the hospital from the doctor’s office.

What should be reviewed in Mistake 3?

in Mistake 3 should be reviewed.) A patient should always be informed under what circumstances after discharge he or she should contact the physician. Any other follow-up instructions appropriate to that patient should be considered and should be given to the patient, preferably in writing.

When physicians prescribe medication for a patient, especially when it is the first prescription for that medication for that patient, should

When physicians prescribe medication for a patient, especially when it is the first prescription for that medication for that patient, there should be some follow-up to determine if the patient is having problems with the medication.

When it is medically appropriate to discharge a patient from the hospital or from the doctor's continuing care, the

When it is medically appropriate to discharge a patient from the hospital or from the doctor’s continuing care, the patient must be given instructions regarding his or her present condition. (If the patient is being discharged on medication, the information. in Mistake 3 should be reviewed.)

How long should a solo practitioner be away from the office?

Action Step Physicians should always arrange for coverage if they will be away from their office for more than one to two days. Mistake 2 Failing to Respond to E-mail.

Do doctors work in groups?

Most doctors work in groups and easily make such arrangements by ensuring that their partners and associates will be available; it is not enough, however, for physicians to leave a recorded message on the answering machine telling a patient to simply go to the hospital.

What happens if a doctor fails to disclose results of a medical exam?

If your doctor has failed to disclose the results of your medical exam, you may be entitled to legal relief. You should contact a personal injury lawyer as soon as possible while the events are still fresh in your recollection. An attorney can help specify your course of action if you have been injured as a result of your doctor’s errors.

Why do doctors not disclose test results?

A doctor might fail to disclose test results for several reasons. For one, they may simply forget to tell the patient about the test results. More often, test results can be lost or confused along the chain of communication in a hospital . Test results are often relayed between several different people, such as from a nurse to ...

Why is it important to keep medical records?

These records and receipts may be useful in reminding yourself and others what tests have been performed on you and what test results you are currently entitled to receiving.

Do you have to know the results of a medical exam?

As the patient, you are entitled to know the results of your medical exams. All medical professionals are held to a high standard of medical care, and that standard of care includes informing the patient of the outcome of any medical test or examination, such as a colonoscopy or a mammogram, that is performed on them. Your doctor should also inform you of the purpose of the medical exam, and also of any dangers or side effects that might result from the exam.

Can you file a medical malpractice lawsuit?

Additionally , you may be able to file a medical malpractice lawsuit if your injury is particularly serious. You will have to prove in court that you received actual injuries as a result of the doctor’s failure to communicate test results. Also, you will need to prove that the failure to communicate test results is directly traceable to your doctor.

What patients need special attention?

Certain patients surely require special attention: non-English speakers, persons with dementia or other neurological conditions and those with social problems that interfere with their ability to show up. Doctors’ offices should anticipate these types of issues and work with patients to improve compliance.

What is the no show rate for a patient?

Patients frequently miss appointments and tests that their doctors schedule. No-show rates range from 5 to 55 percent. In some instances, like when a patient skips a cardiac stress test, for example, then has a heart attack, the hospital might classify what occurred as a “systems error.”.

What is the right of a doctor to refuse to care for a patient?

That refusal encompasses objective issues that limit the ability of the doctor to treat properly. It also encompasses purely subjective matters that impede the smooth functioning of the therapeutic relationship.

What is the relationship between a doctor and a patient?

As you have likely heard, the relationship between a doctor and a patient is a contract. The patient consents to be treated and the doctor consents to treat. In that purely legal sense, the doctor would therefore have an unfettered right to refuse their role. Of course, that is not actually so.

What is a patient's refusal to treat?

Patient non-compliance or bad conduct that impedes the doctor’s ability to render proper care, or a patient’s demand that the doctor engage in care that the doctor believes is fruitless or harmful or exceeds the doctor’s own expertise are all valid bases to refuse to treat.

How is a doctor-patient relationship established?

There, the relationship is established through the office protocols the doctor set up and the individual’s interactions with the medical agents of the doctor. The doctor may also be bound to a the physician-patient relationship by his interaction with third parties, either by contract or through providing consultation.

Can a doctor refuse to perform abortion?

A doctor may also refuse to engage in care that he feels violates their religious beliefs, such as performing an abortion. The set-off, though, is that they likely need to refer to another practitioner and must, if the case is an emergency and there is no available alternative, provide the care himself.

Can a patient be refused care while still in the practice?

Unless there is a state law to the contrary, although non-payment is a valid reason to terminate a patient, a patient cannot be refused care while still in the practice because they have not yet paid. This would actually constitute “internal abandonment.”.

Can a doctor refuse to see a patient for any reason?

Other than that, a doctor may refuse to see a patient for any reason or for no cited reason at all.