Avatar universal

general health

what are the terms for determing abandonment and professional negligence?
3 Responses
1343146 tn?1279330643
Professional negligence would be malpractice I would assume but I dont think doctors can be charged with abandonment.  As long as it is not a hospital, a clinic does not have to treat you and can turn you away or fire you as a patient for any reason.  I believe it is illegal for a hospital ER to turn you away though. You might want to go to www.lawyers.com and ask them. They will answer you for free.
Avatar universal
That would be a complicated question.  The answer would depend a lot on the circumstances and the jurisdiction.  In other word, what was the situation, and where did it happen.

In a general sense, though, there usually has to be an established professional relationship in place, before either abandonment or negligence can occur.  In other words, if a doctor has never seen you, you can't be abandoned by him or her, because no relationship exists between the two of you.  Therefore, the doctor has no obligation to care for you.  The doctor has to take you on a a patient, before he has any responsibility to you.  

Likewise, if treatment has not started, there can be no negligence.  Negligence is when a doctor fails to do something that he or she should have done.  If the doctor is not treating you, there is no obligation to do anything.

The exception to the above would be, as alsunn72023 notes, an ER situation, where all you have to do is show up and ask for care, and the ER staff has to at least screen (triage) you.  If the screener, usually a nurse, determines that your problem is emergent, then the ER has to provide at least enough treatment to stabilize you.  

My understanding of abandonment is that a doctor is guilty of that when he or she refuses to treat an established patient without providing a referral or some alternative path for the patient to obtain care.  The doctor also has to give you adequate notice.  He or she can't just tell you to scram in the middle of a crisis, without helping you get care elsewhere.
Avatar universal
I had an ER doctor take a full vile of spinal fluid and he then had me taken home in the early morning hours from a hospital.My real condition had be lied about.
When I was brought back to a hospital within 4 hrs of the spinal tap I was refused care and admittance.
The doctors sent out to cover this up by claiming I was mentally ill.So I was left photo-phobic with an inflamed body and brain and denied medical help.
I would eventually be taken by police and put in a psychiatric hospital and police were told by doctors not to file an incident report on the matter.
In the psychiatric hospital I was keep in a closed room hooked up to IV antibiotics for weeks.Doctors were secretly being brought over to treat me medically
The IV antibiotic are what would have been given at the time of the spinal tap and I would have be put in ICU not unhooked and taken home quickly after the tap.
Do I know what I really had was septicemia and Meningitis ...you bet..The intent was to make my medically induced psychosis from their failure to treat me with IV antibiotics at the time of the tap look like a mental illness.
They would not tell my family anything.
The spinal cord and organ damage is being concealed by a refusal of diagnostic tests.

How far does this cross the line of ethics???
Have an Answer?

You are reading content posted in the Medical Ethics Community

Didn't find the answer you were looking for?
Ask a question
Popular Resources
The first signs of HIV may feel like the flu, with aches and a fever.
Frequency of HIV testing depends on your risk.
Post-exposure prophylaxis (PEP) may help prevent HIV infection.
Millions of people are diagnosed with STDs in the U.S. each year.
STDs can't be transmitted by casual contact, like hugging or touching.
Syphilis is an STD that is transmitted by oral, genital and anal sex.