How To Prove A California Abandonment of Patient Claim

In California, a claim of Abandonment of Patient is defined as:
Abandonment of patient, a form of medical malpractice, occurs when a physician discontinues a doctor-patient relationship without proper notice or excuse, and does not give the patient an opportunity to find another health care provider.
It simply means:
A physician ceases to care for a patient who has no other physician.
There are 3 elements of the claim:
- Element 1. The defendant, a physician, withdrew from patient’s care and treatment. The defendant, a doctor, stopped providing care and treatment to the patient without proper notice or a valid reason, which is a key factor in a claim of patient abandonment.
Facts that might support this element look like:
* The defendant physician failed to schedule follow-up appointments after the initial treatment, leaving the patient without ongoing care.
* The physician did not respond to the patient’s repeated requests for assistance regarding worsening symptoms.
* The defendant unilaterally terminated the physician-patient relationship without providing a referral to another healthcare provider.
* The physician neglected to inform the patient of their decision to withdraw from care, resulting in a lack of continuity in treatment.
* The defendant’s office staff informed the patient that the physician would no longer be available for consultations or treatment. - Element 2. The defendant did not provide sufficient notice for the patient to obtain another medical practitioner. The defendant failed to give the patient enough warning before stopping their care, which prevented the patient from finding another doctor in time.
Facts that might support this element look like:
* The defendant informed the patient of their decision to terminate the doctor-patient relationship only one day before the scheduled appointment.
* The defendant failed to provide the patient with a referral to another medical practitioner during the notice period.
* The defendant did not offer any alternative options for care or follow-up treatment before discontinuing services.
* The patient was left without adequate time to seek another healthcare provider due to the abrupt termination of care.
* The defendant’s notice was delivered via a brief phone call, lacking written confirmation or detailed instructions for the patient. - Element 3. The patient did not consent to the withdrawal or decline further medical care. This means that the patient did not agree to stop their treatment or refuse any more medical help, which is important in proving that a healthcare provider may have abandoned them by not continuing necessary care.
Facts that might support this element look like:
* The patient explicitly stated during the consultation that they wished to continue treatment and did not want to discontinue care.
* The medical records indicate that the patient signed a consent form for ongoing treatment just days before the alleged abandonment occurred.
* The patient expressed confusion and concern about their treatment plan, indicating a desire for further discussion rather than withdrawal of care.
* There were no documented attempts by the healthcare provider to discuss the decision to withdraw care with the patient prior to the action.
* The patient had a scheduled follow-up appointment that was canceled without their consent or prior notification.
(See California Civil Jury Instructions (CACI), No. 509.)
If you’re in court without a lawyer and plan to assert a Claim of Abandonment of Patient, it’s essential to have a Personal Practice of Law at Courtroom5. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Our platform can guide you through this complex process, ensuring you’re well-prepared to advocate for your rights.
Prove Your CA Abandonment of Patient Claim
U.S. Civil Cases Only