Question:
How much notice must a physician give if he or she wishes to discontinue providing care to a patient?

Answer:
Once a physician-patient relationship is established, the physician is obligated to treat the patient until the relationship is terminated or risk violating the malpractice tort known as “abandonment.” While physicians are generally under no obligation to accept patients, once the relationship is established the physician must continue to be available to treat or arrange for treatment of the patient and can be held liable for any resulting harm the patient suffers. Physicians should notify patients in a clear and proper manner when terminating the physician-patient relationship, and should consult any managed care contracts to determine if other requirements must be met.

A physician must give patients proper notice that he or she is withdrawing from the case, and must give the patient a reasonable amount of time to obtain a new physician. Failure to provide sufficient time may lead to a claim of abandonment. Wisconsin law does not specify what a reasonable amount of time is, and it will depend upon the circumstances of the case and the availability of other physicians in the area. Under most circumstances, the time should be at least 30 days. For documentation purposes, a letter should be sent to the patient; certified mail with a return receipt requested will provide the physician documentation showing not only that the patient was notified, but also the date the patient received notification. During the notification time period, the physician should remain available to the patient in the case of a medical emergency.

Due to special protections for the disabled, care should be taken when discharging a patient who may be or is affiliated with a disabled person to document the reasons for termination. The reasons should not include discrimination arising from the disability.


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