Key legal principles for hospitalists
Section snippets
Duty to provide follow-up care
For some time, whether a physician’s legal duty toward a patient included any obligation to provide follow-up care was in question. It is clearly established that for the duration of a relationship between a patient and a physician, the physician is obligated to give the patient all necessary care, so long as the patient’s condition requires attention. However, many courts assumed that the physician’s duty was limited to diagnosis and treatment. Several courts have now concluded that a
Obligations of hospitalists
Because the patient leaves the hospital and resumes care with the PCP, the hospitalist and the PCP share the duty to provide adequate follow-up care. How should obligations be distributed to ensure the best care for the patient after discharge? The hospitalist’s duties are 2-fold. First, he or she must provide the patient with information about the ongoing care required and the risks of not receiving such care. Second, the hospitalist must ensure that the PCP has enough information to provide
Obligations of primary care physicians
Once the PCP has been notified of the patient’s hospitalization and a follow-up appointment has been scheduled, the PCP not only accepts the patient hand-off, but also inherits a legal obligation to ensure that the patient receives follow-up care. Again, the legal boundaries of the PCP’s obligation will be defined by the prevailing standard of practice, but a few general responsibilities will almost certainly attach. The most common problems for PCPs are likely to be missed or inadequate
The best interests of the patient
Malpractice law as it relates to hospitalist systems is still emerging, and therefore this analysis extrapolates from existing law and standards in comparable clinical situations. Nevertheless, it is clear that the law will place obligations to provide thorough follow-up care on both the hospitalist and the PCP. The best risk-management strategy after discharge will be to provide the patient with comprehensive, clear information and to ensure good communication between the hospitalist and the
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