Medi-Cal family doctor denied immediate care for emergency condition

[alysetran]

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

My mom has a chronic infection that gives her shaking chills and seizures a few times in the past. She could tell when her seizure would be coming, and that's what happened last time. She had high fever and started to have shaking chills, so she visited our Medi-Cal family doctor.

He refused to give her immediate treatment to stabilize her condition. Instead, he assigned her to multiple tests that would take several days later for results to come back, and only then would he prescribe her with the medication. When she insisted him on immediate care just to help her stop shaking and be well enough to drive herself to the testing locations, he gave her his attitude and kept repeating that she's too ignorant to understand what he's doing. After continuous pressure from her, he gave a type of medication that did not help. She continued to suffer through her fever and shaking chills that same day. Her condition got so bad that she had to use the medications that he had prescribed her a very long time ago (ampicillin and ibuprofen). The medication helped get her back on her feet and she went to get the tests done, but the results came back that she's now resistant to the medications being prescribed. She told our family doctor that she had to take the old medications from the date that he assigned the tests to her to her actual test dates because she was shaking so bad and because he didn't give her any medications when she visited him. However, he completely ignored his refusal to provide her with immediate care but instead blamed her for the result. He continued to give her his attitude, yelling and acting as if he's done everything right and she's the one that knew nothing and did all the wrongs.

My mom's condition has now gone worse because the bacteria of her infection grew resistant to the medications that she used to take, and now she needs higher dosage. We strongly believe that this is a result of our family doctor's malpractice. We really want to sue him to not only get what we deserve but also to save other patients from his malpractice.

 

[FlyingRon]

You don't seem to understand what emergency means. There is no duty of a practitioner other than in emergency situations to treat someone "immediately." As for whether there is any malpractice here, the only way to tell is to bring the records to a competent malpractice attorney. This is not a pro se situation (especially for one who is ignorant of the law and medicine).

 

[alysetran]

Emergency

You don't seem to understand what emergency means. There is no duty of a practitioner other than in emergency situations to treat someone "immediately." As for whether there is any malpractice here, the only way to tell is to bring the records to a competent malpractice attorney. This is not a pro se situation (especially for one who is ignorant of the law and medicine).

I assume you understand then? If that's true, what does emergency mean?

 

[FlyingRon]

An emergency medical condition is defined as "a medical condition manifesting to itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in -- (i) placing the health of the individual in serious jeopardy, (ii) serious impairment to bodily functions, or (iii) serious dysfunction of any bodily organ or part."

 

[alysetran]

An emergency medical condition is defined as "a medical condition manifesting to itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in -- (i) placing the health of the individual in serious jeopardy, (ii) serious impairment to bodily functions, or (iii) serious dysfunction of any bodily organ or part."

That's right, so you don't seem to understand what a seizure means.

 

[CTU]

That's right, so you don't seem to understand what a seizure means.

She didn't go to the ER?

 

[xylene]

She didn't go to the ER?

Why would a patient go to the ER for a known condition she was under regular treatment for?


That said, your mom should NOT have had 'leftover' antibiotics to take. That meant she failed to finish a course of antibiotics. Then taking a small dose didn't help.

If you think something was done wrong, see a med mal lawyer. If they wont take your case on contingency, you have no case.

Personally, you need to be really worried. Pray the high dosage regimen works, because your mom could be in the fight of her life.

 

[CTU]

Why would a patient go to the ER for a known condition she was under regular treatment for?


That said, your mom should NOT have had 'leftover' antibiotics to take. That meant she failed to finish a course of antibiotics. Then taking a small dose didn't help.

If you think something was done wrong, see a med mal lawyer. If they wont take your case on contingency, you have no case.

Personally, you need to be really worried. Pray the high dosage regimen works, because your mom could be in the fight of her life.

Does one not go to the ER if one has a medical emergency?

 

[justalayman]

My mom's condition has now gone worse because the bacteria of her infection grew resistant to the medications that she used to take, and now she needs higher dosage.

It sounds like your mother did not complete her treatment regimen as prescribed. That is how you create a medication resistant infection.

I'm not seeing what the doctor did that was wrong here but if
You believe he has, check out a few med-mal attorneys. I suspect you won't find any takers.

 

[alysetran]

Thanks everyone!

Thank you to the people that gave me constructive inputs. I value your opinions and will look more into the situation.

 

[FlyingRon]

What you claim as a seizure apparently was not regarded as a emergent condition, they aren't necessarily. Again, you've got no chance of prevailing just by stamping your feet and crying that the doctor did something wrong. You need an expert opinoin and that's called a "medical malpractice attorney." THere's nothing you can say that is going to change that fundamental truth.

 

[ecmst12]

A seizure is worthy of a trip to the ER.

Taking old, expired antibiotics was extremely unwise and did not help her condition - may have made it worse.

Ibuprofen and tylenol, common medications which reduce fever, are easily available over the counter and most likely that is what her doctor told her to take, while they were waiting for the test results.