Could this be considered malpractice?

[flyboynm]

What is the name of your state (only U.S. law)? NM

I was injured on 2/4/08 at work. I was taken to the local hospital where I was admitted pending surgery to repair my broken leg. I was put on NPO status (no food or water) and given only enough liquid to take some pain meds every 4 hours due to the hospital's belief that their on-call Ortho Dr. would want to take me directly in to surgery when he arrived. The problem was he never arrived. For the next 2 days, the hospital, other Dr's, my family and I all tried to contact the on-call Ortho, but he never returned calls or showed up. After 2 days, the hospital had someone else look at the xrays, declare I needed surgery and I was moved to another hospital for treatment. My question is this: is it malpractice when the on-call ortho surgeon not to show or return calls? Also, is the hospital at fault for not taking other procedures for 2 days after the initial injury?

[ecmst12]

Did you suffer any permanent damages due to the delay in treatment?

[lya]

Originally Posted by flyboynm

What is the name of your state (only U.S. law)? NM

I was injured on 2/4/08 at work. I was taken to the local hospital where I was admitted pending surgery to repair my broken leg. I was put on NPO status (no food or water) and given only enough liquid to take some pain meds every 4 hours due to the hospital's belief that their on-call Ortho Dr. would want to take me directly in to surgery when he arrived. The problem was he never arrived. For the next 2 days, the hospital, other Dr's, my family and I all tried to contact the on-call Ortho, but he never returned calls or showed up. After 2 days, the hospital had someone else look at the xrays, declare I needed surgery and I was moved to another hospital for treatment. My question is this: is it malpractice when the on-call ortho surgeon not to show or return calls? Also, is the hospital at fault for not taking other procedures for 2 days after the initial injury?

Answer to both questions: You're darn straight it is.

You should not have to pay for the two days hospitalization that were wasted while you waited on an orthopedic surgeon to "show up". If you required more surgery than you would have if the surgery had been done promptly or sufferred more time out of work(lost wages) than you would have if the surgery was done two days earlier, you may be able to seek compensation for that, too.

You have two days of pain and suffering that you would not have had if the surgery had been done promptly, though that point may be more arguable than the others.

I advise consulting with a medmal attorney who also handles personal injury claims and worker's comp. An attorney who only does medmal is usually not interested in the lesser claims of professional negligence. An attorney who does medmal and workers comp will be more able to assist you.

A statute of limitations will limit the amount of time in which you have to file suit. Don't wait another eight months to do something about this situation.

[lealea1005]

Ya know, it sounds like OP may have been admitted at the end of the Ortho's on call shift and he tried to turf OP to the Ortho on call behind him. He'll argue that there was no Doctor/Patient relationship established, therefore he was under no obligation to treat.

I've seen this happen a few times in small community hospitals. IMHO, he should lose his priviledges at that hospital. Probably won't happen because Orthos bring in big $$$ to the community hospitals.

[lya]

Originally Posted by lealea1005

Ya know, it sounds like OP may have been admitted at the end of the Ortho's on call shift and he tried to turf OP to the Ortho on call behind him. He'll argue that there was no Doctor/Patient relationship established, therefore he was under no obligation to treat.

I've seen this happen a few times in small community hospitals. IMHO, he should lose his priviledges at that hospital. Probably won't happen because Orthos bring in big $$$ to the community hospitals.

Fulfilling On-Call responsibilities is not optional and does not carry the same physician-to-patient duty as does the "usual" physician-to-patient obligation. On-Call physicians have a duty to each patient that needs his/her services; failing to meet that obligation is a breach of duty.

The ED has a calendar of who is on call and for what periods of time. The ED knew, or should have known, who to call next (when the assignments of physicians changed). Apparently, the ED failed to call the next MD on call or on rotation. (When On-Call hours end, rotation call begins.)

Orthopedic surgeons do bring in the money! Their being part of the staff increases the level of funding available to the hospital as it increases the approved acuity level of treatment; but, each MD who has hospital privileges has signed a contract to provide X amount of On-Call hours and X amount of rotation (patient assignments). The orthopedic surgeon referenced in this post failed his/her duty to the patient and to the hospital. Without a legal complaint's being filed, he/she will do it, again. Next time, it could result in the loss of a limb or a life.

The hospital failed in its duty to secure a physician to treat this patient or to transfer the patient to a facility where such a physician was/is available. Without a legal complaint's being filed, they will do it, again, and it could result in the loss of a limb or a life.

I remain convinced the OP should pursue the matter through legal representation.

[flyboynm]

The hosptial had contract-based Ortho Drs. It was one practice with 3 physicians. After this happened, the hospital hired their own "in-house" Ortho and gave the contract-based one a choice: resign or be fired. They resigned.

I was in the hospital via an injury at work, so I didn't have to pay for the hospitalization. I will find an attorney that will take this case on via either contingency or ARAG Insurance if they accept that.

Thanks again!