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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110470
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Patient abandoment! What are my rights? WV, OH, no, but

Customer Question

patient abandoment! What are my rights?
JA: What state are you in? It matters because laws vary by location.
Customer: WV, OH
JA: Has anything been filed or reported?
Customer: no, but suffering since August 10. His nurse called and said I fired him. Really hateful. DIdi not fire, wanted to see a female nurse. WOmen problems. It is cancer now. Asked him for 6 months to see a nurse.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was on Fentanyl Patch, sleeping pil, muscle realxer. 4 surgeries on spine contracted staph/ Have tried to get into some one else,all say NO due to back surgeries. What is going on in this crazy world?? Have nerve damage in arms, legs, chronic pain/ But doctors first quesion, trying to get into say NO. Because of Back Surgeries. I don't even ask for meds, but will loose pension if I don't have a PCP to sign papars that I am disabled!
Submitted: 10 days ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Can you please clarify your situation, as we cannot follow what you posted above. Thank you.
Customer: replied 10 days ago.
My PCP called and said I fired him! I know this is called Patient Abandonment. Gave no letter, no 30 day notice, no referral. Just done! i know I have rights and want to know what they are. I am MAD! Hurting and Upset!
Expert:  Law Educator, Esq. replied 9 days ago.
Thank you for your reply.
In order to prove patient abandonment you must prove the following five factors:
1. Health care treatment was unreasonably discontinued.
2. The termination of health care was contrary to the patient's will or without the patient's knowledge.
3. The health care provider failed to arrange for care by another appropriate skilled health care provider.
4. The health care provider should have reasonably foreseen that harm to the patient would arise from the termination of the care (proximate cause).
5. The patient actually suffered harm or loss as a result of the discontinuance of care.
See: Kattsetos v. Nolan, 368 A.2d 172 (Conn. 1976) and 61 AM. Jur. 2d, Physicians and Surgeons § 237 (1981).
You will have to prove each one of those elements to have a legal case you can win in court. So, the big one patients have the hardest time proving is that BECAUSE HE TERMINATED CARE they suffered actual harm. If you have such proof, then you need a local medical malpractice attorney and you can file suit against the doctor for malpractice.
Furthermore, you can also file a complaint with the state medical board where the doctor is licensed to practice.