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Dr malpractice in ER?

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Twistie

Junior Member
What is the name of your state (only U.S. law)? Alaska

I presented in the ER on June 29th with respiratory symptoms and requested a chest x-ray and antibiotics because I was sure I had pneumonia, having had it a few times in the past. The attending doctor did not feel a chest x-ray was needed at that time nor did he feel I needed antibiotics because (in his words) if a patient comes in with respiratory distress and then clears up after being put on a nebulizer, there is no need for antibiotics.

I did explain to the doctor that I had been very sick for over a week, had had fever for several days and had been coughing up heavy, green mucus. He stated that antibiotics would not help a viral infection and he didn’t want to give out antibiotics frivolously which encourages antibiotic resistances to form in some patients.

I was sent home after the nebulizer which “cleared up” my respiratory distress. The problem was that the nebulizer was merely a Bandaid for my respiratory distress and on Monday, after an ugly and exhausting weekend, I called the hospital and they told me to come back in (after saying not to worry about the cost, "we would see you right there") to get what I had asked for in the first instance. A chest x-ray and antibiotics.

An x-ray was taken and it proved I did not have pneumonia. However, one of the attending senior nurses did state that the x-ray showed a build-up of (in the nurse’s words) “gunk in my lungs”, although not specifically fluids related to pneumonia. At this time, I DID insist that I be given antibiotics and I went to the pharmacy immediately after leaving the hospital and filled that prescription.

After suffering with a very intense respiratory infection for almost two weeks, by the next day, I was a different person and by Wednesday, I was 100% better. Had those antibiotics been given to me on Friday when I initially asked for them, by Monday I would have been feeling so much better that a trip to the hospital would not have been necessary. Thus, I feel that the doctor should have given me the antibiotics at least as a precautionary measure considering that a) I ASKED for them specifically and b) I was displaying fever, heavy discharge of mucus and in obvious respiratory distress caused by an infection.

Making this situation more difficult for me to accept is the fact that I am now financially responsible for the unnecessary Monday visit. The entire bill is over $800 of which I am going to be responsible for at least $600. Friday’s visit (being the end of the fiscal year) was covered by insurance at 100% but Monday's visit (July 2nd) is mostly out-of-pocket.

I wrote to the hospital Risk Manager explaining the above and asking that they write off my portion of the Monday bill and was sent a letter stating that the hospitals ER staff were hired by an outside company and I will remain responsible for the ER bill. Pretty much, an "eff-off" letter.

Is there anything I can do here? I feel so angry that the hospital won't do right by it's doctors mistake!
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Alaska

I presented in the ER on June 29th with respiratory symptoms and requested a chest x-ray and antibiotics because I was sure I had pneumonia, having had it a few times in the past. The attending doctor did not feel a chest x-ray was needed at that time nor did he feel I needed antibiotics because (in his words) if a patient comes in with respiratory distress and then clears up after being put on a nebulizer, there is no need for antibiotics.

I did explain to the doctor that I had been very sick for over a week, had had fever for several days and had been coughing up heavy, green mucus. He stated that antibiotics would not help a viral infection and he didn’t want to give out antibiotics frivolously which encourages antibiotic resistances to form in some patients.

I was sent home after the nebulizer which “cleared up” my respiratory distress. The problem was that the nebulizer was merely a Bandaid for my respiratory distress and on Monday, after an ugly and exhausting weekend, I called the hospital and they told me to come back in (after saying not to worry about the cost, "we would see you right there") to get what I had asked for in the first instance. A chest x-ray and antibiotics.

An x-ray was taken and it proved I did not have pneumonia. However, one of the attending senior nurses did state that the x-ray showed a build-up of (in the nurse’s words) “gunk in my lungs”, although not specifically fluids related to pneumonia. At this time, I DID insist that I be given antibiotics and I went to the pharmacy immediately after leaving the hospital and filled that prescription.

After suffering with a very intense respiratory infection for almost two weeks, by the next day, I was a different person and by Wednesday, I was 100% better. Had those antibiotics been given to me on Friday when I initially asked for them, by Monday I would have been feeling so much better that a trip to the hospital would not have been necessary. Thus, I feel that the doctor should have given me the antibiotics at least as a precautionary measure considering that a) I ASKED for them specifically and b) I was displaying fever, heavy discharge of mucus and in obvious respiratory distress caused by an infection.

Making this situation more difficult for me to accept is the fact that I am now financially responsible for the unnecessary Monday visit. The entire bill is over $800 of which I am going to be responsible for at least $600. Friday’s visit (being the end of the fiscal year) was covered by insurance at 100% but Monday's visit (July 2nd) is mostly out-of-pocket.

I wrote to the hospital Risk Manager explaining the above and asking that they write off my portion of the Monday bill and was sent a letter stating that the hospitals ER staff were hired by an outside company and I will remain responsible for the ER bill. Pretty much, an "eff-off" letter.

Is there anything I can do here? I feel so angry that the hospital won't do right by it's doctors mistake!
I don't see where a doctor did anything wrong. Sorry but from what you have posted there is no malpractice.
 

Zigner

Senior Member, Non-Attorney
I don't see that the doctor made a mistake. You were "very sick" for "over a week"...why didn't you see your primary doctor?
 

tranquility

Senior Member
While I understand your anger, I have to agree with the others. Forget about malpractice for a couple of reasons. One, I don't think the care fell below the standard. And, two, you don't really have enough in damages to go through a lawsuit. It would cost more to get an expert then the suit is worth. Besides, the insurance/fiscal year issue may not even be considered damages at all. Mitigation would also be an issue. As Zigner asked, why didn't you see your primary care doctor? You don't need an ER for antibiotics.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Alaska

I presented in the ER on June 29th with respiratory symptoms and requested a chest x-ray and antibiotics because I was sure I had pneumonia, having had it a few times in the past. The attending doctor did not feel a chest x-ray was needed at that time nor did he feel I needed antibiotics because (in his words) if a patient comes in with respiratory distress and then clears up after being put on a nebulizer, there is no need for antibiotics.

I did explain to the doctor that I had been very sick for over a week, had had fever for several days and had been coughing up heavy, green mucus. He stated that antibiotics would not help a viral infection and he didn’t want to give out antibiotics frivolously which encourages antibiotic resistances to form in some patients.

I was sent home after the nebulizer which “cleared up” my respiratory distress. The problem was that the nebulizer was merely a Bandaid for my respiratory distress and on Monday, after an ugly and exhausting weekend, I called the hospital and they told me to come back in (after saying not to worry about the cost, "we would see you right there") to get what I had asked for in the first instance. A chest x-ray and antibiotics.

An x-ray was taken and it proved I did not have pneumonia. However, one of the attending senior nurses did state that the x-ray showed a build-up of (in the nurse’s words) “gunk in my lungs”, although not specifically fluids related to pneumonia. At this time, I DID insist that I be given antibiotics and I went to the pharmacy immediately after leaving the hospital and filled that prescription.

After suffering with a very intense respiratory infection for almost two weeks, by the next day, I was a different person and by Wednesday, I was 100% better. Had those antibiotics been given to me on Friday when I initially asked for them, by Monday I would have been feeling so much better that a trip to the hospital would not have been necessary. Thus, I feel that the doctor should have given me the antibiotics at least as a precautionary measure considering that a) I ASKED for them specifically and b) I was displaying fever, heavy discharge of mucus and in obvious respiratory distress caused by an infection.

Making this situation more difficult for me to accept is the fact that I am now financially responsible for the unnecessary Monday visit. The entire bill is over $800 of which I am going to be responsible for at least $600. Friday’s visit (being the end of the fiscal year) was covered by insurance at 100% but Monday's visit (July 2nd) is mostly out-of-pocket.

I wrote to the hospital Risk Manager explaining the above and asking that they write off my portion of the Monday bill and was sent a letter stating that the hospitals ER staff were hired by an outside company and I will remain responsible for the ER bill. Pretty much, an "eff-off" letter.

Is there anything I can do here? I feel so angry that the hospital won't do right by it's doctors mistake!
Can I give you a suggestion? In the future, if you have that kind of problem please try finding a walk in clinic in your area rather than going to a hospital ER. Unfortunately many hospital residents don't listen well to patients who are old enough to know their own symptoms and what is wrong with them, and will tend to avoid antibiotics at all cost without thinking about how much their avoidance is costing the patient. At a walk in clinic they are likely to listen better, and even if they don't, the cost is much less.

I agree with the others that what the ER doctor did was not malpractise. At the same time I very much understand your frustration. Had I been in your shoes I would have walk out of the hospital and gone somewhere else for treatment.
 

Zigner

Senior Member, Non-Attorney
...without thinking about how much their avoidance is costing the patient.
The other side of the coin is that, if doctors hand out antibiotics like candy, then we start getting those nasty Superbugs

http://www.washingtonpost.com/national/health-science/superbug-stalked-nih-hospital-last-year-killing-six/2012/08/22/5be18b1a-ec66-11e1-9ddc-340d5efb1e9c_story.html
 

Twistie

Junior Member
While I understand your anger, I have to agree with the others. Forget about malpractice for a couple of reasons. One, I don't think the care fell below the standard. And, two, you don't really have enough in damages to go through a lawsuit. It would cost more to get an expert then the suit is worth. Besides, the insurance/fiscal year issue may not even be considered damages at all. Mitigation would also be an issue. As Zigner asked, why didn't you see your primary care doctor? You don't need an ER for antibiotics.
I live in Juneau Alaska, to see my doctor it is literally a two week waiting list.

The illness had been going round, I'm a single Mom and my kids had had it (much lighter dose though!). So I didn't see the point in going in to the one 24-hour clinic in town to see a doctor for a "flu" or a "virus" (where I would have had to wait for two or three hours). I only went into the ER at all because I woke up one morning and couldn't breathe and realized at THAT point that my illness had gotten out of hand.

Isn't giving antibiotics for a respitory infection just Medical 101? Surely, the doctor should have been cautious and not just ASSUME it was a virus?
 

Antigone*

Senior Member
I live in Juneau Alaska, to see my doctor it is literally a two week waiting list.

The illness had been going round, I'm a single Mom and my kids had had it (much lighter dose though!). So I didn't see the point in going in to the one 24-hour clinic in town to see a doctor for a "flu" or a "virus". I only went into the ER at all because I woke up one morning and couldn't breathe and realized at THAT point that my illness had gotten out of hand.

Isn't giving antibiotics for a respitory infection just Medical 101? Surely, the doctor should have been cautious and not just ASSUME it was a virus?
Twistie, you have no legal course of action against the doctor or the hospital. End of story.
 

Twistie

Junior Member
Twistie, you have no legal course of action against the doctor or the hospital. End of story.
Thank you, Antigone, for your positive and encouraging comments. However, nowhere did I suggest I even wished to pursue a legal course of action. My question was "Is there anything I can do here?"
 

Zigner

Senior Member, Non-Attorney
Thank you, Antigone, for your positive and encouraging comments. However, nowhere did I suggest I even wished to pursue a legal course of action. My question was "Is there anything I can do here?"
Oy vey! :rolleyes:
 

Antigone*

Senior Member
Thank you, Antigone, for your positive and encouraging comments. However, nowhere did I suggest I even wished to pursue a legal course of action. My question was "Is there anything I can do here?"
The mere fact that you came to a legal advice website suggest that you are looking for a course of action. So now to offer you a direct answer to your question. Legally, there is nothing you can do here.

However, I am glad you are feeling better.
 

tranquility

Senior Member
Med 101 would have the doctor use his training and experience to take the best course of action. His experience told him:
The attending doctor did not feel a chest x-ray was needed at that time nor did he feel I needed antibiotics because (in his words) if a patient comes in with respiratory distress and then clears up after being put on a nebulizer, there is no need for antibiotics.
His training told him:
antibiotics would not help a viral infection and he didn’t want to give out antibiotics frivolously which encourages antibiotic resistances to form in some patients.
You told him:
I was sure I had pneumonia, having had it a few times in the past.
What was the diagnosis again?
An x-ray was taken and it proved I did not have pneumonia. However, one of the attending senior nurses did state that the x-ray showed a build-up of (in the nurse’s words) “gunk in my lungs”, although not specifically fluids related to pneumonia.
 

Proserpina

Senior Member
Thank you, Antigone, for your positive and encouraging comments. However, nowhere did I suggest I even wished to pursue a legal course of action. My question was "Is there anything I can do here?"


Then why are you here exactly?

This being a legal forum, and all that?
 

cbg

I'm a Northern Girl
Thank you, Antigone, for your positive and encouraging comments. However, nowhere did I suggest I even wished to pursue a legal course of action. My question was "Is there anything I can do here?"
No. There is nothing you can do here. In future, please do not utilize an ER for non-emergency care.
 

Twistie

Junior Member
Thank you for your replies. The whole reason I put a question mark at the end of my Title was because I wasn't even sure that what the doctor did WAS malpractice.

I have no interest in suing anyone and making their life difficult, this is a small town and my boyfriend WORKS at the hospital. But I just wanted to see if there were any options open to me to resolve this matter and whether I even had a leg to stand on.

Sounds like I'll just sit back and let the medical system stick it to me ... again ... sigh
 

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