Think about this next time you’re called in to help out in the OR:
Dr. Inder Khokha, a general surgeon at Mercy Medical Center in Williston, assisted in the removal of a kidney from Rosie Chamley in February 2004. During the operation, Chamley’s vena cava was damaged and she died five days later at another hospital . . .. . . Chamley was originally admitted to Mercy Medical Center for the removal of kidney stones. The emergency arose after she suffered excessive bleeding and her urologist, Dr. Salem Shahin, concluded that she required a kidney removal.
Khokha was waiting in the doctors’ lounge to operate on another patient when Shahin requested his assistance.
(via a reader tip)
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{ 3 comments }
Kevin’s headline is incorrect. He was specifically ruled not to be a “good samaritan” under the legal definition because he was getting paid. Why should you be shielded from liability for doing what you get paid to do?
This is not about the Good Samiritan law rather it is what happens when you are called to help another surgeon or physician. That is to say, when there is a complication you are not called in to be a first assistant, rather you are called in to be a co-defendant.
This is seen in the shot-gunning of suits.
As to the true “Good Samiritan Laws” I would greatly appreciate any information where they have stood up for medical personnel.
This has always happened and often. I wonder why it is even news. It isn’t really a Good Samaritan situation. He was at a hospital where he was on staff–not out on the golf course. When I get consulted in certain situations, I know one of my roles is to spread the responsibility around and provide another set of expert eyeballs to bolster the defense should litigation arise. I don’t really like it but readily do it–this is a hard profession and we need to help each other out–even though “no good deed goes unpunished.”
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