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When physicians fire patients: avoiding patient "abandonment" lawsuits.

David S Randolph¹, Teresa Meinders Burkett

¹Conner & Winters, LLP, Tulsa, USA.

The Journal of the Oklahoma State Medical Association

|December 26, 2009

Summary

Physicians ending patient relationships require reasonable notice and opportunity for the patient to find a new doctor. Failure to do so may result in patient abandonment lawsuits under Oklahoma law.

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Area of Science:

Medical Law
Physician-Patient Relationship
Legal Medicine

Background:

Patients can terminate physician relationships anytime.
Physicians' ability to terminate relationships is restricted.
Improper termination can lead to legal action for patient abandonment.

Purpose of the Study:

Examine circumstances leading to patient abandonment lawsuits in Oklahoma.
Discuss American Medical Association (AMA) guidelines on relationship termination.
Review recommended practices by legal scholars.

Main Methods:

Legal analysis of Oklahoma statutes and case law.
Review of AMA ethical guidelines.
Synthesis of scholarly legal recommendations.

Main Results:

Defines conditions constituting patient abandonment under Oklahoma law.
Highlights physician obligations when terminating relationships.
Compares legal standards with AMA guidelines and scholarly advice.

Conclusions:

Physicians must provide reasonable notice and facilitate patient transition to avoid abandonment claims.
Adherence to AMA guidelines and scholarly recommendations can mitigate legal risks.
Understanding Oklahoma's specific legal framework is crucial for physicians terminating patient care.