1. What is patient abandonment, and how do I avoid it?

Home » 1. What is patient abandonment, and how do I avoid it?

There are three basic elements that must be present in a situation for it to constitute abandonment:

You have accepted responsibility for a patient’s care, i.e., you are the PT or PTA treating the patient, or the PT supervising the PTA treating the patient;
The patient still needs care (i.e., has not been discharged); and
You stop treatment of the patient without sufficient notice to allow a reasonable amount of time to arrange for a new PT or PTA to take your place.

Examples of what is NOT considered abandonment:

You give sufficient written notice that you are leaving (see below)
You are too ill to work
Your employment has been terminated, for any reason
You are working for a contract company that no longer has the contract to treat the patients you’ve been seeing
You refuse to accept responsibility for an assignment for which you believe you are not qualified. (This may be cause for termination, but it is not patient abandonment.)
The above examples are all circumstances that are beyond your control, and the Board considers abandonment to be a choice the licensee makes.

Examples of what IS considered abandonment, if you leave without giving sufficient notice:

You haven’t been paid or the check bounced (problem with employer or patient)
Reimbursement has been denied by a reimbursing entity
You have an argument or disagreement with your employer, the patient, or a coworker and leave abruptly
You don’t think your employer is dealing with you fairly
You don’t like the patient
Taking a vacation day (or days) that haven’t been approved by your employer when you have patients to treat or PTAs to supervise

The most important consideration is to make sure you give appropriate written notice to your employer (or your patient, if you are self employed). This allows your employer or the patient sufficient time to find a replacement for you, so that patient care is not disrupted. In most cases, four weeks notice is adequate time for a replacement to be found. If a complaint of abandonment is made against you, the Board will look at the patient’s condition, the circumstances, and the availability of replacements in the area to determine what it considers enough notice. If your employer tells you to leave once you have turned in your notice, you are not required to continue working, but you should document for your records that your employer has made that decision.

Document whatever you communicate to your employer or patient about your resignation. Include in your letter the effective date of your resignation, and any other information you believe may be important to establish your plans, your expectations of your employer (or the patient), and your consideration of your patients’ needs. Keep a copy of letters you write for your records. If for some reason you delay your resignation and continue working, document the changes to your plans and make sure they are clearly stated to all parties. If you encounter a situation where you feel you must discontinue treatment or leave your job, and you are concerned that your patients or license may suffer, call the Board for direction. (§322.4, excerpted from 12/07 Communique, 1/11).