Dismissing a patient from your practice (without getting sued)

As a physician, you want to help all your patients – but some patients either don’t want to be helped or make it impossible for you to properly do your job.

A patient who’s non-compliant, disruptive or threatening to you or your staff can put your license to practice at risk. As unfortunate as the situation may be, dismissing a patient from your practice is an occasional reality with which you have to contend.

How Do You Fire a Patient Without Getting Sued?

It’s important to not let the emotional aspects of the situation take over because you don’t want to be accused of patient abandonment. Here are some tips:

1. Have clearly defined office policies: Your patients need to be aware of the limits when it comes to making their co-payments, abusive or threatening behavior to the staff, chronic noncompliance with medical treatments, no-call/no-show appointments and anything else that might be relevant to your practice. That helps avoid complaints that they were uninformed of the consequences of certain actions.
2. Document everything: You don’t want to dismiss a patient without having clear documentation in your files. Whether the patient has a chronic history of no-shows and noncompliance or there’s a single incident that provokes their dismissal, you want clear and comprehensive records if a legal question is raised.
3. Follow the appropriate policies: You have to give your patient a sufficient opportunity to transfer their care to someone else. Make sure that your practice manager reviews their file and ensures all the office policies and ethical considerations are met and the patient is properly notified.

An angry patient can be a litigious patient. If you’re accused of medical malpractice due to patient abandonment, it’s never too early to explore your defense.

FAQs

What Is the Legal Process for Terminating a Patient From a Practice?

To properly discharge a patient from your practice, send a written notice via certified mail that clearly states the termination date, providing at least 30 days to ensure the patient has time to arrange continued care. The letter should also explain how the patient can access their medical records, include contact information for other healthcare providers or emergency services, and clarify that the patient is responsible for securing future treatment. Be sure to thoroughly document each step, refrain from ending care during a medical emergency, and seek legal guidance if the situation involves sensitive issues, such as protected class status.

Can You Dismiss a Patient for Non-Compliance?

A medical professional may legally end the doctor-patient relationship if the patient consistently fails to follow the prescribed treatment plan, as long as the process is properly documented and avoids abandonment, particularly when the patient is in active or urgent care. This typically involves explaining the risks of non-compliance, issuing a written notice (commonly with 30 days’ lead time), ensuring the patient has time to secure another provider, making arrangements for emergency care during the transition, and offering to transfer medical records to the new provider.

What Is Patient Abandonment?

Patient abandonment occurs when a healthcare professional ends the patient-provider relationship without proper notice or sufficient time for the patient to secure another qualified provider, violating both legal and ethical responsibilities.

See Related Posts:

• Are You Facing a Medical Malpractice Claim?
• Not All Medical Errors Constitute Medical Malpractice
• The Role of Documentation and Charting in Medical Malpractice Defense