subject: What To Do When Your Doctor Abandons You At The Time Of Your Need [print this page] Getting proper medical care in times of need is essential. What to do if your doctor fails to show up at the time you need him/her most? It is a breach of duty and a case of medical malpractice, as per New York state laws, as well. If you have encountered something like this, it is best to talk to medical malpractice lawyer immediately.
After the establishment of the doctor-patient relationship, it requires particular situations for termination. If your physician has abandoned you, it is necessary to report the incident at the New York State Department of Health. However, if the abandonment has resulted in injuries, it is necessary to file a lawsuit. Before you get in touch with a legal professional, here is a quick glance through the facts related to such an incident.
Legal termination of doctor-patient relationship According to New York laws, you or your doctor may opt for termination of the relationship in certain circumstances. These are as follows:
Irreconcilable differences of opinion
Patients refusal to opt for a certain treatment
Criminal activities of the patient like theft/fraud
Sexual advances (from the patient)
Doctors irresponsibility in duties
Patients failure to pay for treatment
Patients violent or abusive behavior
However, the doctor requires notifying the patient about his/her inability to treat the patient further. If it is the doctors decision, he/she requires arranging for replacement.
Illegal termination of doctor-patient relationship If your doctor abandons you without notification, it is medical malpractice. Suppose your doctor has a personal task to complete. In such a circumstance, it is necessary that he/she arrange for another doctor to take care of the patient. Other such situations include
1. Refusal to treat a patient admitted on their request
2. Failure to get the level of care required for a particular patient
3. Failure to provide treatment in case of not finding a replacement
4. Failure to respond to a patients treatment requirement from a healthcare facility
5. Failure to turn up at the time of important medical procedures like surgery
New York medical malpractice laws outline the basics of how to prove a patient abandonment case. Whether you are a resident of Suffolk or Brooklyn, these laws are applicable on your case. Here are the things you need to prove at a court of law.
There was an established doctor-patient relationship
Therefore, the doctor owed a duty of care
The patient had reasonable expectation of the same
Yet, the doctor failed to provide care
The patient suffered injuries for the doctors failure
It is wise to talk to a Brooklyn Medical Malpractice Lawyer if you suffer injuries because of a negligent doctor. He/she knows how to approach the case in the best possible manner. To find the lawyer who is quite experienced in handling such cases, you may go through the 800 New York lawyer directory. Here you will have the option to choose a best lawyer profile.
by: Allek
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