Generally once the practitioner patient relationship has been established a

Generally once the practitioner patient relationship

This preview shows page 296 - 298 out of 338 pages.

Generally, once the practitioner-patient relationship has been established, a patient can terminate the relationship at any time, but a practitioner must provide a patient with reasonable notice and ensure there are other healthcare options open to the patient prior to terminating that relationship. A "reasonable" time allowed for the patient to find another practitioner will depend on the specialty, community size, and accessibility of similar practitioners. In the meantime, the practitioner should be accessible for acute and emergent situations. Mueller recommends practitioners send termination notices by certified mail with returned receipt and document the notification process in the patient's record. 214 Advanced practice registered nurses are often unsure whether to notify patients when they leave a clinic. There are currently no laws or rules that guide APRNs. Generally, in this situation, patient notification by an APRN would depend upon various factors such as the employment status of the APRN. If the APRN is in independent practice then he/she must ensure that patients have access to care as noted in the above paragraph. If the APRN is an employee of a company and shares patients with the physician or another APRN, the APRN may not elect to notify patients of his/her departure. As a matter of fact, there may be some risk in trying to notify patients as the physician probably views all of the patients as the physician’s patients. Taking information from the practice to notify patients of your departure without explicit written permission to do so would be viewed as a HIPAA violation and unprofessional conduct by the Board of Nursing. A Breach of Duty Leidig and Brockway define a breach of duty as any violation or omission of a legal or moral duty. The neglect or failure to fulfill the duties owed to the patient in a just and proper manner may be found to be a breach of duty which can contribute to allegations of improper performance. 215 cxvi Dakers, L. Establishing the physician-patient relationship. TMLT Reporter . July/August 2000. Accessed: . 286
In most cases, an expert witness is hired to determine whether an act or omission was within the scope of practice of the practitioner and if the practitioner deviated from the established standard of care. In Texas, an expert report and a copy of the expert witness's CV must be submitted to each party involved in the lawsuit within 120 days after the filing date that the original petition included the defendant. Texas law requires that "this report is written by a qualified medical expert and will provide a fair summary of the expert's opinions as of the date of the report regarding applicable standards of care, the manner in which the care rendered by the physician or health care practitioner failed to meet the standards, and the causal relationship between that failure and the injury, harm, or damages claimed." A judge may grant one 30-day extension.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture