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20 Nov 2015

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Elements of the Cause of Action for Abandonment

Every one of the following five elements must be present for a patient to experience a proper civil cause of action for the tort of abandonment:

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1. Healthcare treatment was unreasonably discontinued.

2. The termination of medical was contrary to the patient's will or without the patient's knowledge.

3. The care provider did not arrange for care by another appropriate skilled physician.

4. The health care provider needs to have reasonably foreseen that problems for the patient would arise from the termination of the care (proximate cause).

5. The individual actually suffered harm or loss as a result of the discontinuance of care.