When a Doctor Gives Up on a Patient: Is It Medical Malpractice?

Being dropped by your doctor can be frustrating and inconvenient, especially if you’re struggling with ongoing health conditions. In certain situations, a doctor’s refusal to continue providing care may be a type of medical malpractice called “patient abandonment.” Understanding your rights can help you determine what steps to take if you’ve been unexpectedly left without care.

Michigan Law Governs Doctor-Patient Relationships

Michigan’s common law imposes on every person a general obligation to use “due care” and refrain from taking actions that unreasonably endanger others. However, doctors, dentists, and other healthcare professionals owe their patients a higher duty of care. They must exercise the skill, care, and diligence expected of an ordinary member of their profession throughout the course of treatment.

Once a physician begins to care for a patient, the doctor-patient relationship continues until it is ended by mutual consent or revoked by the patient’s dismissal of the physician. If the physician wishes to end the relationship, they must take appropriate steps to notify the patient and give them a reasonable time to acquire other medical attention.

How Patient Abandonment Might Occur

Here are some common examples of when a doctor might improperly or abruptly “give up” on a patient, potentially leading to a claim of patient abandonment:

1. Refusing to continue care after a disagreement. A doctor ends the doctor-patient relationship after a dispute over treatment options, medication requests, or patient behavior without providing adequate notice or helping the patient find another provider.
2. Dropping a patient for nonpayment without warning. A patient falls behind on medical bills, and the doctor stops scheduling appointments or providing care without giving a reasonable opportunity to settle the account or find alternative care.
3. Failing to follow up after a hospital discharge. A patient is released from a hospital with the understanding that their physician will follow up, but the doctor refuses to schedule further appointments or respond to post-discharge concerns.
4. Not referring the patient to another provider. A provider decides they can no longer treat a patient due to complexity, scope, or lack of resources but doesn’t refer the patient to another qualified provider or give the patient time to arrange other care.
5. Leaving a practice without transition planning. A doctor retires, relocates, or closes their practice and fails to notify patients or arrange to transfer care to another provider, leaving patients without access to necessary treatment or prescriptions.
6. Terminating care during an ongoing medical crisis. A doctor stops treating a patient in the middle of a serious or unstable condition (like pregnancy, cancer treatment, or mental health crisis) without ensuring continuity of care.

Can a Doctor Legally Stop Treating a Patient?

A physician has the right to stop treating a patient, but they must give the patient reasonable notice to enable them to secure other medical care. According to the Michigan State Medical Society, a proper notice of termination should be in writing and include:

• A brief explanation of the cause. This may include a specific reason for termination or a general statement that a therapeutic practitioner-patient relationship no longer exists.
• Effective date. The doctor should provide the patient with a reasonable amount of time to establish a relationship with another practitioner. Typically, 30 days from the date of the letter is considered adequate, but the relationship may be terminated immediately if the patient or a family member has threatened the practitioner or staff with violence or exhibited threatening behavior.
• Interim care provisions. The physician should offer interim care, refer emergency situations to an emergency department, or instruct the patient to call 911 as necessary.
• Continued care provisions. The notice should provide referral suggestions for continued care through medical or dental societies, nearby hospitals’ medical staffs, or community resources.
• Provision of medical or dental records. Providers should offer to provide a copy of their records to the new practitioner by enclosing an authorization document (to be returned to the office with the patient’s signature).
• Patient responsibility. Providers should remind the patient that they are responsible for their own continued medical or dental care.
• Medication refills. Patients should be notified of the status of any prescribed medications and if those prescriptions will expire on the effective termination date.

A physician who is generally engaged in attending to a patient is liable for any damages caused by their abandoning the case without sufficient notice or an adequate excuse if the patient suffers injury as a result.

Pursuing a Patient Abandonment Case

To succeed in a case of patient abandonment, you must prove:

1. There was an existing doctor-patient relationship.
2. Your doctor terminated the relationship without proper notice or cause.
3. It was foreseeable that the termination would result in an injury.
4. The patient suffered an injury and has damages. 

There are many procedural requirements for pursuing medical malpractice cases in Michigan, including limits on how long you have to file a claim. You should consult an experienced medical malpractice attorney to discuss your situation and explore your options for recovery. You may be able to recover compensation for additional medical costs, lost earning capability, pain and suffering, or other damages.

When to Contact a Medical Malpractice Attorney

Although patient abandonment is rare, the consequences can be devastating. Delays in care can lead to worsening of chronic conditions and reduce the chances of effective treatment. If you believe you’ve been the victim of patient abandonment, contact the experienced medical malpractice attorneys at Sommers Schwartz, P.C., for a free, confidential, no-obligation consultation.