December 15, 2005

From your friendly malpractice lawyer – 5 Holiday Tips To Keep You From Being an Emergency Room Malpractice Victim. Here’s one:

If you have x-rays, an MRI scan or a CAT scan, ask whether the attending radiologist has read the films. Do not rely on the radiology resident in the emergency room to read the films. “Oh, but the attending isn’t in now, he reads it the next day.” No good. If the attending radiologist isn’t available, ask the emergency room doctor to read the films himself.

Not true. There are times where I’ll take a radiology resident reading over an ER attending.



Related posts:

  1. Teleradiology
  2. Nighthawks, dayhawks, and the demise of the American radiologist
  3. How many radiologists cheat or take short-cuts in their interpretations?
  4. Letters to the jury: Look at what your ridiculous award has caused
  5. Radiology outsourced?
  6. Should radiologists apologize to patients?
  7. "A CT scan in hand is far better then no CT scan or biopsy at all"


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{ 14 comments }

1 Anonymous December 15, 2005 at 11:34 am

i think the point was that BOTH should read the X-rays. Why is that such an imposition???

2 Anonymous December 15, 2005 at 12:05 pm

Also make sure that you actually register with a legitimate Name, Address, and Telephone number so that if there is a significant discrepency (fairly rare) between the resident or ER docs reading that you can be contacted after it has been read by the Attending radiologist in the morning.

The article is misleading in stating that most ER’s are staffed with resident physicians. Not true. At most rural hospitals you are unlikely to have a board certified emergency physician, because there are just not enough of them.

3 Anonymous December 15, 2005 at 2:53 pm

If you are capable of demanding those things, as that malpractice lawyer stated, you probably don’t have an emergency problem and shouldn’t be in the emergency room in the first place. It is those non-emergency patients that clog the system and indirectly contribute to errors being made by the overworked staff.

4 Anonymous December 15, 2005 at 5:18 pm

Ah the old fake name address and telephone number trick.

It is amazing that my hospital still falls for this one. It must cause quite the uncollectable bill headache for people even with insurance.

5 Anonymous December 15, 2005 at 5:56 pm

Here’s my Five:
1. Don’t show up stinking drunk. I know I don’t have 10 or 12 beers before I go to my doctor. Afford the ER the same respect.
2. Don’t demand a work note when you know you have no business being in the ER in the 1st place.
3. Don’t repeatedly tell stafff “I’m calling a lawyer” “I’m suing you” because of a long wait. After the ER Doc hears that he will not listen to anything else you say.

4. If you are waiting to be seen, and you see the doctor sitting at a computer, don’t come up to the desk and accuse the doctor of playing “video games”. (This keeps happening to me). Most Documentation is online now, we are writing your stupid charts.

5. NEVER, and I mean NEVER, take medical advice from a Lawyer who sues ER’s for a living. He has no idea why we make any clinical decision, he only knows that, in retrospect, we missed something.. If Medicine could be practiced Retrospectively, I’d ask a lawyer to be my doctor.

6 Anonymous December 15, 2005 at 7:25 pm

Typical wrong crap from a scumbag:

1: “Most” ER’s are NOT staffed by residents and NONE are ONLY staffed by residents.

2: Reasonable

3: An ER attending typically has NO experience reading MRI’s or CT’s. Personally I would take a radiology residents opinion. Again most ER’s are NOT staffed by radiology residents reading films rather by radiology attendings with PACS type computor systems at home or by overseas radiologists (Nighthawks). That is unless you are in a tiny rural ER which wouldn’t have MRI’s or CT scans anyway. By definition radiology residents have attendings over them for questions.

4:Reasonable to ask but the fact is ALL medications (including OTC’s like tylenol) can cause allergic reactions PERIOD.

5:Reasonable that from what I have seen all hospitals do.

How about a little “free” advice to “veteran New York malpractice lawyer Gerry Oginski”…..stick to what you know you are talking about because based on that article you sound like an uninformed idiot.

7 Anonymous December 19, 2005 at 12:25 am

Odd, you agree with most of what the lawyer says–yet you insult him and misinterpret his article merely to make pedantic points.

I suspect that an experienced malpractice attorney knows a lot about medical error and has seen a lot of it–perhaps more than most doctors, why wouldn’t his perspective be valuable?

Oh well, more of the professional territorialism–so misguided.

8 Anonymous December 19, 2005 at 2:29 am

“Odd, you agree with most of what the lawyer says–yet you insult him and misinterpret his article merely to make pedantic points.”

Actually I was pointing out where he was obviously wrong on incorrect points such that he has little understanding how ER’s are staffed and subspecialty coverage(like you). Read for comprehension.

9 Anonymous December 19, 2005 at 8:31 pm

Anon 12:25:
You like the writer of the piece have very little understanding how ER’s work. The previous anon comments which you were replying to get to the heart of how ER’s are staffed including radiology coverage. I am sorry you have so little understanding of this subject that your reply was that he/she was making “pedantic points”. Maybe you should stick to what you know.

10 Michael J December 20, 2005 at 3:37 am

Showing up not drunk is a good thing, but a lot of people are there because they are stinking drunk, have caused an accident that hurt themselves, and are unlikely to remember how obnoxious they were the next day. Their condition aggravates their injury treatments, and they are lousy about telling what happened (so the physician can understand the dynamics), and they are lousy about telling what is wrong with them. Who can blame the ER physician for doing CYI testing? The real problem with that of course is that the lousy drunk probably is not insured either. As a non-physician (retired state trooper) I cannot say how the ER works, but I have seen big-city ERs, and really rural ERs. The commonality was they all worked very hard to save and fix people, many times they were overworked due to the influx of patients, and they took the most serious first. Too bad if you have to wait a bit.

I too had a 2-month old child in an ER after she and her mother fell down a flight of stairs. The physicians were trying to save a badly burned 7-yr old boy (successfully) and took enough time between procedures to check my daughter and get another doc in to see her. Their knowledge told them immediately that her leg was probably broken (it was), and they showed me how to keep her comfortable until another came from his home to treat her. They all took their time while reading the x-rays and discovered a birth defect in her hip that would have required surgery had it not been discovered. Imagine if had I been impatient, abrupt, rude, threatened a lawsuit, etc., and do you think they would have been as caring? She is a fine healthy 15-yr old who has competed in track, gymnastics, and walks the dog for me when it is cold.

My wife also recovered from her fractured shoulder and concussion, and on another day another daughter was treated and recovered from her fractured leg from a sledding accident, and on another her brother recovered from a double compound fracture of his wrist from a playground accident. I have recovered with scars from a crushed hand courtesy of a drunk in an escape attempt, a fractured skull from a childhood accident and several other traumas. In other words, they are trying to do their jobs, and the lawyer mentality tries to convince you that you have to protect yourself from them. I say, just be smart when you are there and let the good folks do their jobs.

11 Gerry December 26, 2005 at 8:55 pm

I’m fascinated by the comments my article generated!

It’s unfortunate that most of the responses come from anonymous folks. Why not use a ‘real name’ so we know who to respond to?

Commonly, most ER’s in the NY metropolitan area typically are staffed by both residents and attendings. When it’s 3:00 a.m. and an x-ray needs to be read, do you really think the attending will be up reading the films? In my ‘experience’, most ER radiology attendings are not awake to read ‘routine’ films- except of course for trauma. At that hour, the resident will usually read the film, unless of course there’s some issue that’s of concern.

I really like this comment as well:

“NEVER, and I mean NEVER, take medical advice from a Lawyer who sues ER’s for a living. He has no idea why we make any clinical decision, he only knows that, in retrospect, we missed something.”

Unfortunately for many ER doctors I have had the opportunity to question hundreds, if not thousands of physicians about treatment they have rendered to patients. I have learned from these ‘experts’ what actually goes on in an emergency room, how it’s staffed, and what protocols are followed in specific situations.

Importantly, I never have, and never will give medical advice to anyone. Rather, I have given suggestions and advice to lay people to keep them informed about how to be the best advocate for themselves in an emergency room setting.

Also, contrary to one posting, I never advocate suggesting to an emergency room doctor or nurse that “I’ll sue you if you don’t do x,y or z.” That is a definite no-no.

Another post said “An ER attending typically has NO experience reading MRI’s or CT’s.”

I must disagree with this educated and ‘informed’ posting. Contrary to that comment, many ER attendings claim to have good proficiency in looking at MRI’s or CT’s. Most of those attendings will nevertheless rely on an attending’s reading of films over their own interpretation.

12 Anonymous January 1, 2006 at 4:14 pm

Also an additional point to be made

The fact is that almost all doctors can expct to be sued several times in their career. So either they are being sued inappropriately by ambulance chasers like The Hon Gerald Oginski. or they are being sued appropriately and are all incompetents. in which case I advise all readers to go to the law offices of the Hon. Gerald Oginsky for better emergency medical care.

13 Anonymous January 11, 2006 at 3:57 am

I just read the following comment; “I suspect that an experienced malpractice attorney knows a lot about medical error and has seen a lot of it–perhaps more than most doctors, why wouldn’t his perspective be valuable?” First of all, i highly doubt that an experienced malpractice attorney looks at anything else then what went wrong and how he can scam people for money. Diagnosing and treating patients means there are some unknown variables, and as a consequence not every treatment is perfectly ajusted to a patient; in the ER this can lead to malpractice. Secondly, these physicians are trying to save someone’s life, not destroy it. Science and treatment just havnt evolved far enough to eliminate all unknown variables.

14 Anonymous January 28, 2006 at 11:53 am

“Another post said “An ER attending typically has NO experience reading MRI’s or CT’s.”

I must disagree with this educated and ‘informed’ posting. Contrary to that comment, many ER attendings claim to have good proficiency in looking at MRI’s or CT’s. Most of those attendings will nevertheless rely on an attending’s reading of films over their own interpretation”

Gerry:
Your uninformed sarcasm aside, I have done hospital work for many years and I have NEVER had an emergency doc claim he/she is proficent at reading CT’s and MRI’s. Now I know since you have deposed many ER docs you may think you know much about the subject but in reality you don’t so a little education:
A radiologist goes through five years of training or more (a prelim/transitonal year plus at least 4 years radiology). This includes extensive hands on education in reading CT’s/MRI’s usually 1:1 with an attending radiologist. Your typical ER doc does not have any of this instructiuon. Yes they may “go over” the scan read with the radiologist but that is much much different than reading the scans on your own. I go over scans with the radiologist all the time and yes I can even pick up abnormalities at times (can you say “pattern recognition”), but I have never claimed to be able to read an MRI/CTR scan. Now you may have deposed individual ER docs who have made the claim to be proficient at “reading” CT’s/MRI’s. That is either stupidity on their part or lawyer trickery during the depostion on your part.

With respect to attendings reading films at 03:00. In my hospital the attending radiologist reads ALL CT’s/MRI’s (even at 03:00 AM) thanks to the PACS system (you have heard of it right?) at home. I do agree residency can be different. However, there is an attending on call to back up the resident AT ALL TIMES. If not that is a training violation in which should be reported.

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