title: Key legal principles for hospitalists.
abstract: In a hospitalist system, when a patient leaves the hospital, he or she will return to a primary care provider (PCP) for follow-up and continuing care. The hand-off after discharge can compromise communication with the PCP. Physicians have a legal duty to provide follow-up care to patients with whom they have a relationship. The obligation to provide follow-up care endures even when the patient misses a scheduled appointment or does not adhere to the follow-up regimen. In general, the physician who began the care must fulfill that obligation. An essential component of follow-up care includes educating the patient about what symptoms require follow-up care and why it is important. The duty to provide adequate follow-up care is shared by the hospitalist and the PCP. Virtually no malpractice case law considers the obligations and practices of hospitalists. This article uses cases involving follow-up care for patients treated in an emergency department and general cases regarding liability for follow-up care to examine the potential legal obligations of both hospitalists and PCPs for follow-up care, including circumstances involving pending test results and incidental findings.
authors.forename: Ann
authors.initials: A
authors.lastname: Alpers
mesh_terms: D000029:Abortion, Legal / Q000331:legislation & jurisprudence; D001134:Arm Injuries / Q000000981:diagnostic imaging; D002675:Child, Preschool; D003266:Continuity of Patient Care / Q000331:legislation & jurisprudence*; D003951:Diagnostic Errors; D005260:Female; D050723:Fractures, Bone / Q000000981:diagnostic imaging; D006282:Health Personnel / Q000331:legislation & jurisprudence*; D020445:Hospitalists / Q000331:legislation & jurisprudence*; D006801:Humans; D008318:Malpractice; D010351:Patient Discharge / Q000331:legislation & jurisprudence*; D010819:Physician's Role; D011247:Pregnancy; D011859:Radiography