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Forensic Medicine · Medical law: abandonment of the patient
Sample itemAfter operating on a patient who developed a wound infection, a surgeon leaves for a holiday without informing the patient or arranging a substitute, and the patient deteriorates. What is the professional failing?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
B. Abandonment of the patient, a form of negligence arising from the duty to continue care until relieved
Once the doctor-patient contract is formed, the doctor must continue care until the patient recovers, is transferred, or the doctor withdraws after reasonable notice and arrangement of alternative care. Leaving a patient who needs care without such steps is abandonment and actionable negligence.
Option by option
A. Therapeutic privilege, since information was withheld in the patient's interest
Therapeutic privilege concerns withholding information, not leaving the patient unattended.
B. Abandonment of the patient, a form of negligence arising from the duty to continue care until relieved (correct)
Correct. Unannounced withdrawal without a substitute breaches the duty of care.
C. Exercise of the right to refuse practice, which is always permitted
Withdrawal is allowed only with reasonable notice and alternative arrangements.
D. Contributory negligence on the part of the patient
The patient did nothing to contribute to the harm.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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