Does my manager have legal backing for claiming patient abandonment towards me? Still on probation, less than 2 months working at this company. Working in a private transitional company doing visits once a week for 1 month after hospital discharge, not as primary care provider or home health agency. I gave 1 week for letter of resignation, offering to still see patients with upcoming appointments for the next week. Appointments are made 1 week at a time. They have other NPs that can cover after I leave but manager is claiming she won't have people to cover and will report me as abandoning patients. Original job contract is at will, no notice needed for termination of employment. Making me nervous and anxious.
2 minutes ago, joonkilee said:I was planning a 2 week notice after verbally being offered a new job. New employer and I agreed on a start date but because new employer was busy and delayed sending me the contract as well as having to fix some of the wording and terms on the contract, I didn't feel right or secure enough to give a 2 week notice until I had the fully written and revised contract. a few days passed and it eventually became a week later where I finally got the revised contract but we already agreed on the start date which was 2 weeks from the time that I was verbally offered the job.
see comment above
It's been a few days now, talked the other NPs and they said it'll be fine but didn't actually hand of any patients yet. Manager spoke to me again asking me to count how many patients I need to handoff and to write a handoff note for each of them. Manager didn't bring up the "patient abandonment" part. Maybe they realized they couldn't use it against me.
OK, just hope this works out for you, as it may come back to bite you in the behind. Good luck with the new position
On 11/24/2020 at 2:16 PM, mangopeach said:I was tempted to resign immediately from my currently employment. Things have gone downhill over the last few months. I tried to do some research on this matter and I am still not clear what does and does not constitute patient abandonment. I had a lot more clarity on this matter as a bedside RN. I need to be more educated about it as an NP.
As a result I gave them 30 day notice.
I read some information similar to what Neuroguy posted. I also read info on this site. The writer here seems to think reporting the provider (MD) to board was appropriate
https://www.jucm.com/the-consequences-of-a-medical-provider-quitting-without-notice/
Thank you for this info
It sounds like you work for a group, and not your own clinic. As such, a lot of the concerns/obligations that would follow if you were running your own sole practice do not apply, such as the whole 30 day notice thing being given to patients before you are allowed to leave.
While I hate the term, who "owns" the chart? Likely the practice you work for, not you. The patient's don't sign an agreement with you, they signed with the practice. You are an employee, and one with a contract. That contract is your obligation, you can be as mercenary as you want about it. If you feel you need out, then go - as long as you fulfill your contract you've fulfilled your legal needs. Don't get me wrong, your professional responsibilities are still there when you practice, and liability for your action may follow you, but don't wrap employment law into it.
Real life example, my wife had a specialist, one day, with zero notice specialist is gone from the practice. (Found out details later, but long and not germane to this post). We found out when we arrived at the clinic for our appointment. The practice never informed us, but re-scheduled us with another provider in the group at the same time so we saw a new person at time previously scheduled for old provider. Said provider left shortly thereafter, we found out when we came for follow up, and found out we had been re-scheduled again. We stopped going back after I got the whole story on what was happening. Was this "nice"? No. Was it legal? Yes. Was it abandonment to lose our provider this way? No. The group which we had established with had other providers and maintained all obligations.
Don't be intimidated. Know what your obligations are and fulfill them and you are fine. I suggest looking deeply at your current state rules/regs.
TL/Dr version: If you call in sick, do all the patients scheduled have a claim for abandonment? No. If they fired you, what obligation would you have to your patients? None, if you quit without notice, what obligation then? None.
Me personally, I would've walked the day my manager threatened me. Don't ever work for an employer that operates by threats or intimidation. Makes for a bad life.
joonkilee
4 Posts
I was planning a 2 week notice after verbally being offered a new job. New employer and I agreed on a start date but because new employer was busy and delayed sending me the contract as well as having to fix some of the wording and terms on the contract, I didn't feel right or secure enough to give a 2 week notice until I had the fully written and revised contract. a few days passed and it eventually became a week later where I finally got the revised contract but we already agreed on the start date which was 2 weeks from the time that I was verbally offered the job.
see comment above
It's been a few days now, talked the other NPs and they said it'll be fine but didn't actually hand of any patients yet. Manager spoke to me again asking me to count how many patients I need to handoff and to write a handoff note for each of them. Manager didn't bring up the "patient abandonment" part. Maybe they realized they couldn't use it against me.