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What is Patient Abandonment?

Posted by Joseph D. Lento | Jul 20, 2024 | 0 Comments

Nurses have a duty of care to their patients. Providing this duty of care means that, among other responsibilities, they don't abandon a patient midway through treatment.

The question is what qualifies as patient abandonment. Nurses may have reasons for stepping away from care, including protecting their health, or an incident may be related to employment rather than a nurse's duty of care.

Overzealous administrators and boards of nursing may unfairly accuse a nurse of abandonment. Nurses should know what is and isn't abandonment, and why they do have a right to protect their health and safety.

If you've been accused of abandonment, the Lento Law Firm Professional License Defense Team can help. Call us at 888-535-3686 or fill out our online form.

What is Abandonment?

Abandonment occurs when a nurse fails to continue providing treatment and can result in disciplinary action. In cases of abandonment, there's no extenuating circumstance, such as protecting someone's health or safety.

A nurse leaves or otherwise fails to hand off care to another nurse. A nurse turns over care to someone they know isn't qualified. Or they say they can provide care that requires knowledge or experience they don't have.

Other examples include failing to report abuse or neglect. Or providing a low level of care or not completing assigned tasks.

For disciplinary purposes, providing care doesn't mean a nurse isn't abandoning a patient. If a nurse is extremely tired, under the influence of drugs or alcohol, or ill, they may not be in a position to offer care. By not stepping away from the situation and requesting another nurse take over for disciplinary purposes, they've essentially abandoned the patient.

What Isn't Abandonment?

A nurse calls in sick and misses a shift. Or a nurse leaves early due to a family emergency. These are examples of a nurse not abandoning their patient.

A nurse can and should refuse to provide or continue providing care for a variety of reasons. If a nurse believes they aren't qualified to provide care, they should decline to provide care.

Refusing to provide care is especially true in units that require specialized knowledge or experience. An unqualified nurse could hurt rather than help a patient.

A nurse can also decline care if they feel unsafe or believe they may harm the patient. For example, a nurse refuses to work mandatory overtime because they're tired and believe their fatigue would prevent them from offering the expected standard of care. In this case, a nurse is refusing to work to protect their health but also the health of the patient.

This isn't abandoning a patient. It's a nurse acknowledging their limitations and protecting the patient's well-being as well.

Neither is a nurse declining to cover a shift or resigning examples of abandonment. Nurses may decline to provide treatment for religious, cultural, legal, or ethical reasons, they should know about their state's laws on these subjects.

Protect Your Career

Nurses have a duty of care to their patients. Abandoning a patient is a failure of that duty of care, but whether a case is a patient abandonment depends on context. In some situations, a nurse declining to provide care is what's best for a patient.

If you're facing accusations of abandonment or other disciplinary charges, contact the Lento Law Firm Professional License Defense Team. You've worked hard to get to this point in your career, and you need to defend your job and your future. Call us at 888-535-3686 or fill out our online form.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento has unparalleled experience fighting for the futures of his professional clients nationwide. With unparalleled experience occupying several roles in the justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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