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Terminating the Physician/Patient Relationship

By Kimberly Danebrock
January 31, 2015

At some point in their careers, physicians may be faced with terminating services to patients. In general, terminating the physician-patient relationship is allowed as long as the physician provides reasonable notice to the patient ' giving him or her the opportunity to obtain another qualified physician to manage his or her care. If this requirement is not met, and the patient suffers injury, the physician may have breached a duty to the patient and may be found liable for medical negligence (malpractice) under the theory of abandonment. How do we terminate the physician-patient relationship while also preventing abandonment?

The Duty

Although there is generally no written contract to establish the physician-patient relationship, one can be created by a physician treating the patient in the office or hospital, through call obligation or via contract with the health plan. Once the relationship has been created, the physician has an ethical and legal duty to provide services to the patient until the relationship has been terminated. This relationship can be ended when the patient and physician both agree to do so; the patient no longer wants or requires the physician's services; or the physician unilaterally terminates the relationship, provided the patient is given reasonable notice to allow time to find another physician.

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