Abandonment and Unnecessary Commitment

How to avoid abandonment claims when terminating care

“…2 When a patient terminates a treatment relationship, there are no legal bases for abandonment claims. 3 In this article, I provide a few practical tips for properly terminating the doctor-patient relationship to limit the likelihood of claims of abandonment.…”

“…Abandonment claims are unfounded in the absence of a doctor-patient relationship. 3 Contact the appropriate licensing board to determine what your state's regulatory requirements are. If necessary, consult with your attorney or a risk management professional for guidance.…”

“…Communicate with your patient about the end of the treatment relationship in a clear and consistent manner, both verbally and in writing, because a termination should be viewed as a formal, documented event. 3 Except in situations requiring immediate termination, psychiatric clinicians should inform the patient about the reason(s) for termination, 4 the need for continued treatment, 3 and the type of recommended treatment. 3 This discussion should be summarized in a termination letter given to the patient that includes termination language, referral sources, the end date of treatment, and a request for authorization to release a copy of the patient's medical records to their new clinician.…”

“…3 Except in situations requiring immediate termination, psychiatric clinicians should inform the patient about the reason(s) for termination, 4 the need for continued treatment, 3 and the type of recommended treatment. 3 This discussion should be summarized in a termination letter given to the patient that includes termination language, referral sources, the end date of treatment, and a request for authorization to release a copy of the patient's medical records to their new clinician. 3,4 Give adequate time, set boundaries, and document.…”

“…3 This discussion should be summarized in a termination letter given to the patient that includes termination language, referral sources, the end date of treatment, and a request for authorization to release a copy of the patient's medical records to their new clinician. 3,4 Give adequate time, set boundaries, and document. Thirty days is generally considered adequate time for a patient to find a new clinician, 5 unless the patient lives in an area where there is a shortage of psychiatric clinicians, in which case a longer time period would be appropriate.…”