9 replies to this topic

[maineman]

True Cases from the Medical Files



Case #1

A 72 year old male is found dead at home from a heart attack. He lives alone. His children live far away. They go to his doctor and ask to see his medical record.

They discover that he complained of chest pain years ago. Took a “stress test” (to rule out heart disease) and failed. (i.e. he likely had heart disease). He was advised to take cholesterol lowering medication and a pill for coronary disease. He refused and said he wanted to do it with diet and lifestyle. The discussions between the patient and the doctor are documented. Can the family sue the doctor for malpractice?





comments?


mm

[TTHQ Staff]

My response is Yes and No.

Correct me if I'm wrong, but a professional doctor can not force a patient to take medication.

If the doctor did not explain to the patient that by NOT taking medication he could die, then there is cause for inquiry.

But, if the patient was fully informed of the risks and then refused the advice of the professional, then the patient must take full responsibility for his own actions.

The same applies in professional money management. If I tell you not to invest in 'X' and you do so against my professional advice, then you can't sue me for the demise of your portfolio.

Just my thoughts. I'm curious as to what others think.
Besides, realistically, yes they CAN sue. Anyone can sue someone else. The ethical question is, "SHOULD they, knowing the deceased's wishes?"

[maineman]

Case #2



A 64 year old woman comes to the doctor for a “check up”. As part of the process she is sent to the hospital for a mammogram. The mammogram shows a “suspicious finding” and the radiologist recommends that she return for further views. She is called and a message is left on her answering machine. Two postcards are sent asking her to call the office. A letter is sent asking her to call the office. All of this is clearly documented in the patient’s records. Two years later she goes to another doctor and is found to have end-stage metastatic breast cancer. Can she sue the first doctor for malpractice?





any comments?


mm

[colion]

Case #2

A 64 year old woman comes to the doctor for a "check up". As part of the process she is sent to the hospital for a mammogram. The mammogram shows a "suspicious finding" and the radiologist recommends that she return for further views. She is called and a message is left on her answering machine. Two postcards are sent asking her to call the office. A letter is sent asking her to call the office. All of this is clearly documented in the patient's records. Two years later she goes to another doctor and is found to have end-stage metastatic breast cancer. Can she sue the first doctor for malpractice?

any comments?

mm

Of course she can sue (as in Case #1). One can always sue. However, she has an uphill battle to convince a jury that the 1st physician is negligent but stranger things have happened in courtrooms.

Edited by colion, 18 January 2007 - 04:31 PM.

[maineman]

The second case woman won her malpractice suit. The decision was based on the fact that the physician had not sent the letter to her house by certified mail with a signature guarantee. any more thoughts on the first case before I put up another one? mm

[gman]

True Cases from the Medical Files
Took a “stress test” (to rule out heart disease) and failed. (i.e. he likely had heart disease). He was advised to take cholesterol lowering medication and a pill for coronary disease.

Not ever having gone through a cardiac workup to know the protocol, but was cardiac ultrasound recommended after the stress test? Is there a standard workup that is recommended after a patient fails a stress test? If yes ( and I suspect the answer is yes), and the doctor did not recomend and / or document that recommendation, I suspect the MD is vulnerable to a malpractice suit.

[OEXCHAOS]

One thing I've learned is that it's the technicalities that kill you in a suit. You can have everything going in your favor, but a failed bit of documentation, and suddenly the whole case is going against you. Which is why so many "stupid" cases get settled. Also why all insurance is expensive. Mark

[Jnavin]

I don't see this as a "Sanity and Health" issue. I would put it under the topic of "Difficult Legal Challenges Faced by the Modern Medical School Graduate."

[maineman]

True Cases from the Medical Files
Took a "stress test" (to rule out heart disease) and failed. (i.e. he likely had heart disease). He was advised to take cholesterol lowering medication and a pill for coronary disease.

Not ever having gone through a cardiac workup to know the protocol, but was cardiac ultrasound recommended after the stress test? Is there a standard workup that is recommended after a patient fails a stress test? If yes ( and I suspect the answer is yes), and the doctor did not recomend and / or document that recommendation, I suspect the MD is vulnerable to a malpractice suit.

At the time this case occurred the "standard of care" would have been to get a dye study (known as an angiogram or "cardiac catheterization"). Today, the standard next step is a nuclear dye study. An ultrasound would not have been helpful (looks at a different aspect of the heart).

This patient refused. He insisted he could treat his problems with "lifestyle" changes. He died. His family sued.

mm

[J.Bilkins]

My response is Yes and No.

Correct me if I'm wrong, but a professional doctor can not force a patient to take medication.

If the doctor did not explain to the patient that by NOT taking medication he could die, then there is cause for inquiry.

But, if the patient was fully informed of the risks and then refused the advice of the professional, then the patient must take full responsibility for his own actions.

The same applies in professional money management. If I tell you not to invest in 'X' and you do so against my professional advice, then you can't sue me for the demise of your portfolio.

Just my thoughts. I'm curious as to what others think.
Besides, realistically, yes they CAN sue. Anyone can sue someone else. The ethical question is, "SHOULD they, knowing the deceased's wishes?"

but the doctor is going to put the refusal of the medication in his information for safety and the insurance company then can have a legal grounds to drop you....been there done that.....2 failed nissan fundiplications.....first was done backwars and completely wrong.....after 3 years you can sue a doctor for leaving a scapole(?) stuck thru your forehead but it will not even make it to court.
I gave continued evidence of why it didn't work. I not only was told my problem was elsewhere BUT I did not even have the option to get the expensive scope until 6 months later due to insurance.
By that time and after all the other doctor visits that were worthless, I finally crashed.

I went to the doctors for years describing my problems in great detail. They had the basic information correct but attacked the problem in the wrong direction. I had "Silent Reflux". Acid was destroying my esophagus(Barretts Esophugus) and I had no clue nor did anyone else.
It was an honest mistake. Not listening to me over and over after what was suppose to be working was not working, great damage was done. The doctors might spend 3 minutes each time and throw out the latest meds from PFE and MRK.
The 3 year rule is unconstituional. My life has had massive damage because of the first doctor. He did the surgery so wrong that other people laughed at it. He gets sued all the time but nothing matters......that is insurance......

What a world we live in. It is hard to be broken because of my conscience to the broken world around me



They gave me paxil and otehr flavor of the day stuff all the time. Side effects ended most of those.....pot worked 10x's better than anything ever has ever no matter what scenario.