TERMINATING THE

PHYSICIAN-PATIENT
RELATIONSHIP
 Medical JURISPRUDENCE
PHYSICIAN-PATIENT RELATIONSHIP
Termination of the relationship
- the rights, duties and responsibilities
of the physician ends.
- either party may terminate the
relationship.
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PHYSICIAN-PATIENT RELATIONSHIP
TERMINATION
By the Patient
✓ Express
✓ Implied
✓ Physician’s consent
is not necessary
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PHYSICIAN-PATIENT RELATIONSHIP
TERMINATION
By the Physician
✓ Always explicitly done
✓ With the patient’s consent
✓ With notice
✓ Physician is obliged to
find a substitute
 Medical JURISPRUDENCE
PHYSICIAN-PATIENT RELATIONSHIP
TERMINATION
✓ Recovery
✓ Retirement
✓ Relocation
✓ Death
✓Mutual agreement
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PHYSICIAN-PATIENT RELATIONSHIP
TERMINATION
✓ Availability of Attending MD
✓ Personal disagreement
✓ Discharge of patient
✓ Incapacity
✓ Danger to MD
 Medical JURISPRUDENCE
PHYSICIAN-PATIENT RELATIONSHIP
TERMINATION
Failure to properly terminate the
relationship may lead to charges of
abandonment.
Tantamount to negligence.
 Medical JURISPRUDENCE
PHYSICIAN-PATIENT RELATIONSHIP
TERMINATION
✓ Communicate/written notice
✓ Provide patient with explanation
✓ Reasonable time to find new MD
✓ Assist patient in finding new MD
✓ Transfer records properly
 Medical JURISPRUDENCE
PHYSICIAN-PATIENT RELATIONSHIP
SUBSTITUTION
❖ When the MD intends to be away
for some time
❖ Must give notice
❖ Must provide the patient with a
competent, licensed substitute
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ABANDONMENT OF PATIENTS
• termination of the physician-patient
relationship without the consent of the
patient and without giving the patient
adequate notice and opportunity to
find another physician.
 Medical JURISPRUDENCE
ELEMENTS:

1. There is a physician-patient
relationship;
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ELEMENTS:

2. The relationship is terminated

without mutual consent of both
parties;
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ELEMENTS:

3. Unilateral termination of the

contractual relationship by the
physician;
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ELEMENTS:

4. Continuing need of the patient

for further medical treatment;
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ELEMENTS:

5. Abandonment must have been

the cause of the injury or death of
the patient.
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SOME INSTANCES OF ABANDONMENT:

1. Refusal by a physician to treat a case

after he has seen the patient needing
medical treatment but before treatment
is commenced;

2. Refusal to attend to a case for which he

has already assumed responsibility;
 Medical JURISPRUDENCE

SOME INSTANCES OF ABANDONMENT:

3. Failure to provide follow-up

attention;
4. Failure to arrange for a
substitute physician during the
time the physician is absent or
unavailable;
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The attending physician may be held liable
for the acts of his substitute in the following
instances:

• the attending physician did not exercise

due care and diligence in the selection
of the substitute; and
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The attending physician may be held liable
for the acts of his substitute in the following
instances:

• If the substitute acts as agent of the

attending physician in so far as carrying
out a certain course of treatment in
which case master-servant relationship
is created
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Non-payment of bill cannot be a

defense for abandonment.