Thursday, June 12, 200813
When you go above and beyond . . . and still get sued
A physician is sued, against the patient's wishes:
You are the reason I am standing here today, the reason I’m not dead. I do not want you to be named in the lawsuit.”
I thumbed through the chart, gathering my thoughts to come up with a careful answer. His words surprised me only a little, and I chuckled inside the way one does after locating a lost wallet only to find it empty. This is our world, and I have been around long enough to know that pulling out all the stops to save a life does not mean you won’t later have to face lawyers.





Comments
Why should he be processed through an ER for this reason? Is it not an uncessary delay involving addition wait and expenditure, dragging in a new set of physicians to to a redundant exam, to re-evaluate the same medical issue, review of signs and symptoms that has already convinced a treating physician that urgent MRI is necessary?
Why is there no mechanism for a treating physician in any office to order an urgent MRI, that doesn't automatically excuse the insurer from paying?
The ER should but wont understand the urgency of the situation or the frustration and fear of the patient. So they screw up, in the way that a vacuum of information promotes. They don't know that he's already been where he should have gotten the MRI order, that he's being jumped through hoops while terrified and in misery.
That patient did NOT belong in that ER. He belonged in a scanner ASAP, and the insurer's demands delayed his care to protect the HERD, not that patient.
8:34 AM
The patient was the one who consulted an attorney. What did he expect to happen? It is possible that he didn't fully understand what he was doing, but I'm not sure you can blame that on the attorney.
Don't shoot the messenger.
Yes, I'm a lawyer, in case you didn't guess.
In any case, if what happened was documented in the patient's records, it is difficult to see how such a suit would be viable.
The lesson is to always cover your ass (as if you didn't know that).
Marilyn Mann
8:37 AM
At minimum they should be required to evaluate it on the basis of what they would pay for in an ED setting.
8:38 AM
11:05 AM
12:10 PM
1:33 PM
6:47 PM
11:27 PM
Bottom line, the medical care is the physician's responsibility-period. No matter who else isn't doing their job, or who in doing their job is obstructing things, it is the physicians ultimate responsibility to move them, run over them, or go around them..
Believe us when we tell you, that is the way it is. Frustrating it is, but all patients will rue the day when no one has the final responsibility for the outcome, when physicians, like everyone else, is responsible only for process and not outcome.
6:32 AM
Misleading headlines are Kevin's stock in trade on this subject. He's not really interested in objectively reporting the facts on this issue, as much as he criticizes all lawyers for doing the same thing according to him.
3:11 PM
1:14 PM
Do you practice medicine this way? It's amazing how doctors piss and moan about the poor quality of medical journalism (at least when it doesn't beatify physicians), but think the media gets legal journalism right every time.
9:33 AM
doc (with worried voice): "You need to go to the ER right now to get an MRI, you could die or be paralyzed if you don't! You could have a life threatening infection or fast-growing cancer!"
pt: "No, if I go to the ER, I'm going to have to wait for five hours and I don't want to do that."
doc: "....?"
All this from a patient who came in demanding an immediate angiogram? Where did he think he was going to get *that* procedure, other than through the emergency department?
That moment of refusal to go to the ED was the moment where, in a fairer legal system, "loser pays" damages would have been triggered if this patient then brought a suit.
1:00 PM
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