Introduction
Patient abandonment is a form of neglect in which a patient is not provided with care or is provided with inadequate care. Several conditions must be present for a situation to be termed abandonment in the legal sense. Care providers are usually careful to avoid these situations of the legal and ethical liability. Examples of case law on patient abandonment and the termination of professional relationships between medical professionals and the patient, also there could be reasons that have to be mutual and then we will look at the right and wrong of medical professionals and the effects of a medical professional decision from a legal and ethical standpoint. Moreover review the importance of maintaining skills to the point of mastery and review consent whether implied or expressed along with confidentiality, documentation and the security of information.
1.) Patient abandonment
a. Withdrawing treatment without giving patient prior notice
b. Must have legit reasons for ceasing treatment
c. Exceeds expertise of health care
d. Except in emergencies, be free to choose whom to serve (AMA pg. 101)
2.) Examples of some case laws on patient abandonment.
a. Patient abandonment is a form of medical malpractice.
b. Abandonment is the termination of the professional relationship between doctor and patient.
c. Abandonment generally means unilateral severance of professional relationship between doctor and patient without reasonable notice.
3.) Reasons for withdrawal
a. Noncompliance
The doctor moves or retires
Fall in love
b. The doctor cannot transfer the care of a patient or an associate without the patient’s consent.
c. When a doctor abandons a patient no good comes ...
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...regiver a full report on the patient’s condition.
Only then can the patient be transferred or discharged from the care of the attending doctor or nurse, until that is completed the patient is the treating doctor or nurse’s responsibility. The health professional has to remember their
References
Regulation of Health Professions – Uniform Disciplinary Act (RCW 18.130) http://apps.leg.wa.gov/RCW/default.aspx?cite=18.130
Violations of Standards of Nursing Conduct or Practice (WAC 246-840-710): http://apps.leg.wa.gov/WAC/default.aspx?cite=246-840-710
Nursing Care – (RCW 18.79) http://apps.leg.wa.gov/RCW/default.aspx?cite=18.79&full=true
Jones Bartlett Publishers: Right or Wrong Legal and Ethical Issues in Decision-Making (Ch 3) http://www.nursetogether.com/what-every-nurse-should-know-about-patient-abandonment http://www.nso.com/nursing-resources/article/63.jsp
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I cared for a 76-year-old end-staged chronic obstructive pulmonary disorder patient who was admitted for respiratory distress. The doctor requested that my nurse and I get the family together for a family meeting. During the meeting, the doctor communicated to the patient and his family members that the patient will be palliative and no longer be in the ICU. The family members were concerned about the transfer of care to the medicine unit, what to expect from palliative care and other options for care. This scenario did not go well because the patient and family would have benefited from a palliative nurse with expertise, respiratory therapist to discuss other options, pharmacist about medication change if needed, social worker to help guide the family through end of life care for their father. In addition, there was no collaboration with interprofessionals prior to the family
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acting completely in the patients interest and each of them are committing these actions to
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Consent is an issue of concern for all healthcare professional when coming in contact with patients either in a care environment or at their home. Consent must be given voluntary or freely, informed and the individual has the capacity to give or make decisions without fear or fraud (Mental Capacity Act, 2005 cited in NHS choice, 2010). The Mental Capacity Act perceives every adult competent unless proven otherwise as in the case of Freeman V Home Office, a prisoner who was injected by a doctor without consent because of behavioural disorder (Dimond, 2011). Consent serves as an agreement between the nurse and the patient, and allows any examination or treatment to be administered. Nevertheless, consent must be obtained in every occurrence of care as in the case of Mohr V William 1905 (Griffith and Tengrah, 2011), where a surgeon obtain consent to perform a procedure on a patient right ear. The surgeon found defect in the left ear of the patient and repaired it assuming he had obtained consent for both ear. The patient sued him and the court found the surgeon guilty of trespassing. Although there is no legal requirement that states how consent should be given, however, there are various ways a person in care of a nurse may give consent. This could be formal (written) form of consent or implied (oral or gesture) consent. An implied consent may be sufficient for taking observation or examination of patient, while written is more suitable for invasive procedure such as surgical operation (Dimond, 2011).
The patient was transferred into my care via the Emergency Assessment Unit for Surgical Patients (EAUS). I was given handover by the charge nurse who has already pre-a...
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patient’s right is protected by the law. In the healthcare system, all the rights listed on the form given by providers is protected and if violated can be punishable by fines if found guilty in a court of law. All providers must abide by the patient’s rights. A responsibility would be the