Telehealth Resources

Physicians who choose to temporarily close their practices should keep in mind their ethical and legal obligation not to abandon their patients. While no specific statute defines patient abandonment, it is considered unprofessional conduct by the Medical Board. Courts interpreting the parameters of the obligation have upheld patient abandonment claims where: 1) patient prove that a physician-patient relationship exists; 2) the patient held a reasonable expectation that care would be provided; 3) that the physician failed to carry out their obligation and; 4) that the patient was harmed as the result of the physician not providing care to the patient.  

Accordingly, physicians considering closing their practice temporarily will need to notify existing patients of the closure and communicate with patients, in particular those patients who may have an immediate care need, with regard to how they can access alternative care. In general, simply directing patients to the emergency room is not recognized as sufficient coverage for patients, particularly in light of potential exposure to COVID-19.  Practices will also need to inform patients of how they can access their medical records in the event the office is closed. 

For additional information that about these obligations, see CMA health law library document #3503, "Termination of the Physician-Patient Relationship." CMA's health law library is free to members. Nonmembers can access documents for $2 per page.

For specific advice about to best communicate with and provide coverage for the patients in their particular practice, physicians should contact their professional liability carrier or personal attorney. (03/26/20)