Medical Abandonment Claims Lawyer
In doctor/patient relationships, both people enter into a consensual agreement when treatment begins. While either can terminate the relationship, there are protocols that the medical professional is expected to follow. If a patient is relying on a physician to perform needed medical treatment and the doctor suddenly refuses to treat the patient, this can cause serious harm or injury. This is referred to as medical abandonment and it can be a case of medical malpractice.
Doctor Responsibilities to Patients
If a patient is seeing a doctor for a specific treatment, they depend on that doctor to continue the treatments as agreed. While the doctor can decide to terminate their relationship, they have a responsibility to give the patient enough notice to find another doctor. A physician who suddenly is unavailable to provide treatment during a critical point of a patient’s illness could put them in jeopardy of harm. Imagine if cancer treatment was suddenly stopped and a patient could not find another physician to perform the treatment in time.
In medical abandonment cases, a few elements must be present. The patient and doctor must have an established relationship where treatment was expected. The abandonment or refusal to treat the patient must have occurred during a critical and expected treatment period and initiated by the doctor. The patient would not have been given enough notice to find alternative care, resulting in documented harm to the patient. If all these elements are in place, the doctor may be considered negligent and be liable for injuries caused to their patient.
Common Scenarios Leading to Medical Abandonment Claims
- Physician Relocation or Retirement:
- Lack of appropriate transition plans for patients.
- Refusal of Treatment:
- Unjustified refusal of treatment by a healthcare provider.
- Inadequate Follow-Up:
- Failure to schedule necessary follow-up appointments.
- Insurance or Financial Disputes:
- Discontinuation of care due to insurance or financial issues.
Why Choose Race Law Firm
- Expertise in Medical Abandonment Cases:
- Kevin Race’s extensive experience in medical malpractice includes handling complex medical abandonment claims.
- Compassionate Legal Representation:
- We understand the emotional toll of medical abandonment and approach each case with empathy and care.
- Dedicated Investigation:
- Our legal team conducts thorough investigations to gather evidence and build a strong case on your behalf.
- Client-Centered Approach:
- Your well-being is our priority, and we work diligently to achieve the best possible outcome for your case.
Frequently Asked Questions (FAQ) About Medical Abandonment Claims
- What is medical abandonment?
Medical abandonment occurs when a healthcare provider ends the doctor-patient relationship without proper notice or ensuring alternative care arrangements. - How can I prove medical abandonment?
Evidence may include medical records, communication records, witness statements, and expert opinions. Kevin Race can guide you through the process. - What damages can I pursue in a medical abandonment claim?
Damages may include compensation for additional medical expenses, emotional distress, and any harm resulting from the abandonment. - Is there a time limit for filing a medical abandonment claim?
The statute of limitations varies by state. It’s crucial to consult with Kevin Race promptly to determine the specific deadlines applicable to your case. - What if I signed a waiver or consent form?
While waivers may impact your case, they do not absolve healthcare providers from their duty to provide reasonable care. Consult with Kevin Race to assess the impact on your claim.
Contact Race Law Firm
Medical abandonment medical malpractice claims are not common, but can be devastating when they occur. If you believe you have been the victim of medical abandonment and it caused you serious harm, contact our legal team at Race Law Firm in Atlanta for a confidential consultation to discuss your situation and explore your options for pursuing a claim. Your health matters, and we are here to help you seek the justice you deserve.