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02 Jan 2016
CGHS
Elements of the Cause of Action for Abandonment

Each of the following five elements should be present for a patient to possess a proper civil cause of action for the tort of abandonment:

CGHS card
1. Medical care treatment was unreasonably discontinued.

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

3. Medical care provider did not arrange for care by another appropriate skilled health care provider.

4. The health care provider really should have reasonably foreseen that trouble for the patient would arise through the termination of the care (proximate cause).

5. The person actually suffered harm or loss because of the discontinuance of care.

Physicians, nurses, and other health...