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Thanks for the post.Here is the actual case if anyone would like to read it.
Looks like the media conveniently left out that the plaintiff is an attorney.
Gabapentin for penis irritation?
Thanks for the post.Here is the actual case if anyone would like to read it.
Hurt feelings get bootstrapped into "emotional distress" and there you go. Maybe he needed counseling, or had trouble sleeping, or spent his life savings going to see motivational speakers at airport hotels in the hopes his self esteem would recover.If injury is in fact required for malpractice, then I don't know why malpractice was in the picture either.
Here is the actual case if anyone would like to read it.
So... this was pretty disgusting to read. Both what the physicians did and the lawyer's fairy tales. ("The defendants have severely and permanently injured the Plaintiff.")
This looks pretty straightforward to me, as a layperson:
Count I: Defamation per se - syphilis. Not guilty. There was absolutely nobody in that room who believed he actually had active syphilis, otherwise they would have called the department of public health on him.
Count II: Defamation per se - tuberculosis. Same as above.
Count III: Intentional infliction of emotional distress. Not guilty. They had no idea the patient was recording them. They had no idea he would listen to the tape in the presence of his wife.
Count IV: Negligent infliction of emotional distress. Not guilty for the same reason. Had the patient be awake because of poor anesthesia, and overheard them, it would be a different story.
Count V: Violation of Virginia code about health records privacy. Guilty. No reason to mention PHI unless clinically relevant to the other person.
Count VI: Medical malpractice. Not guilty. As others have stated, there was no real harm done here, definitely not to the level to call it malpractice.
I am very surprised a big part of these were not thrown out by the judge from the beginning.
P.S. I also missed the part about the plaintiff being an attorney. That explains a lot about the litigiousness.
You guys don't realize that stuff like this makes us look stupid in the eyes of the world. Where I grew up, they used to laugh at the absurdity of a houseowner being liable for the medical treatment of the burglar who slipped on the wet floor and broke his leg.Like the case where the burglar sued the family who was gone for vacation because he couldn't get out of their garage after he had fallen in. Stupid!
It was this one
View attachment 193337
So... this was pretty disgusting to read. Both what the physicians did and the lawyer's fairy tales. ("The defendants have severely and permanently injured the Plaintiff.")
This looks pretty straightforward to me, as a layperson:
Count I: Defamation per se - syphilis. Not guilty. There was absolutely nobody in that room who believed he actually had active syphilis, otherwise they would have called the department of public health on him. Agree here.
Count II: Defamation per se - tuberculosis. Same as above. Agree here as well.
Count III: Intentional infliction of emotional distress. Not guilty. They had no idea the patient was recording them. They had no idea he would listen to the tape in the presence of his wife. Agree, i guarantee they had no idea he was/would be aware of this discussion.
Count IV: Negligent infliction of emotional distress. Not guilty for the same reason. Had the patient be awake because of poor anesthesia, and overheard them, it would be a different story. Disagree here, this is for the unintentional. Guy was humiliated and will likely have trust issues with future providers. That's harm.
Count V: Violation of Virginia code about health records privacy. Guilty. No reason to mention PHI unless clinically relevant to the other person. Agree
Count VI: Medical malpractice. Not guilty. As others have stated, there was no real harm done here, definitely not to the level to call it malpractice. Disagree. Intentionally documenting inaccurate information in patients medical record is malpractice and fraud. Deliberately avoid or trying to avoid your patient post op is too.
I am very surprised a big part of these were not thrown out by the judge from the beginning.
P.S. I also missed the part about the plaintiff being an attorney. That explains a lot about the litigiousness. But then, seriously, how can he suffer emotional distress when he's been trained to bully and be bullied?
While I'm not defending the actions of the physicians here,I call BS on the idea that the patient "turned on his phone [before the procedure] so he could capture the post-scope instructions." Patients don't do that unless they're paranoid or have reason to be.
Since hemorrhoids are NORMAL cushions of tissue that we ALL have, I'm not sure how writing it on the scope report is malpractice.
Maybe, but not always. I've been too doped up post op to remember what was said to me and it's frustrating, my mom didn't do a very good job of explaining either. So while I wouldn't bring a tape recorder myself, I can see why someone who was alone might legitimately want to. Other situations that come to mind are seniors or patients with memory recall issues. People like my grandma who can't for the life of them explain to anyone else what the doctor actually said.
Or in this new generation, someone who isn't paranoid or has a reason to be but just falls into the ever annoying "I must digitally document every single moment of my life" and post it on facebook....
Sorry WS, I call BS. In the article I read, she was quoted as saying "Let's put down that he has hemorrhoids even though we don't see any here" which clearly shows her intent. She meant it as an insult and her comments show she was trying to note something that she, herself, stated wasn't observed. Then it did get documented. So in this case it wasn't normal they were noting.
I get that (remember its what I do for a living so I'm well aware of patient's recall and what they don't) and its why I never have a problem with patients audiotaping me when they ask. That's not what he did.
To turn on the recorder BEFORE the procedure in an attempt to have the post procedure instructions recorded? Post procedure instructions are never discussed with the patient intra-procedure when the patient is sedated or under anesthesia.
Had he said, "hey I want to record our discussion in the PACU so I remember it for later, that would have been fine. Even in a state where he doesn't have to tell the other party they're being recorded, it would have been legally ok (if still not shady) if he had turned it on in the PACU when the gastroenterologist came to the bedside.
Ah but you're arguing a point I was never making about intent. My point is that hemorrhoids are a normal finding; everyone is acting like they aren't and that she was falsifying a diagnosis. Its semantics really...everyone has hemorrhoids.
I'm in no way defending what happened and I've had occasion to remind staff that patients are awake for some of my cases and that conversations of a personal nature should be kept at a minimum and that we should not be derogating the patient.
wholeheartedly, there are just too many red flags for any intelligent person not to have doubts about this story.
And, regardless, $500K for this? Does money grow on trees in Virginia? People work hard and long for that kind of money. This punishment is way out of proportion with the "crime" (I know it was a civil case). Wouldn't even been closely this high if it were just defamation and privacy law violation. They stretched and raped the concept of medical malpractice to include stuff that did not result in real lasting damage for the patient, just so they can sell it better to the jury. I am sorry, but I have a very hard time believing that anybody could inflict lasting emotional distress in an attorney; it seems to be quite the opposite usually. It's like inflicting pain in a SEAL.
wholeheartedly, there are just too many red flags for any intelligent person not to have doubts about this story.
And, regardless, $500K for this? Does money grow on trees in Virginia? People work hard and long for that kind of money. This punishment is way out of proportion with the "crime" (I know it was a civil case). Wouldn't even been closely this high if it were just defamation and privacy law violation. They stretched and raped the concept of medical malpractice to include stuff that did not result in real lasting damage for the patient, just so they can sell it better to the jury. I am sorry, but I have a very hard time believing that anybody could inflict lasting emotional distress in an attorney; they are trained to have a thick skin.
Ah but you're arguing a point I was never making about intent. My point is that hemorrhoids are a normal finding; everyone is acting like they aren't and that she was falsifying a diagnosis. Its semantics really...everyone has hemorrhoids.
http://theanesthesiaconsultant.com/tag/medical-malpractice-lawsuits/
- The Chicago Daily Law Bulletin featured a multimillion-dollar verdict secured by the family of a woman who died after being improperly anesthetized for hip surgery. The anesthesiologist settled prior to trial, resulting in the family being awarded a total of $11.475 million for medical negligence. The 61-year-old mother and wife was hospitalized in Chicago for elective hip replacement surgery. Because of a prior bad experience with the insertion of a breathing tube for general anesthesia, she requested a spinal anesthetic. Her anesthesiologist had trouble inserting a needle for the spinal anesthesia, so he went ahead with general anesthesia. The anesthesiologist was then unable, after several attempts, to insert the breathing tube. He planned to breathe for her through a mask and let her wake up to breathe on her own. A second anesthesiologist came into the room and decided to attempt the intubation. He tried but was also unsuccessful. Finally, a third anesthesiologist came into the operating room and tried inserting the breathing tube several times. He too was unsuccessful. All of the attempts at inserting the tube caused the tissues in her airway to swell shut, blocking off oxygen and causing cardiac arrest. She suffered severe brain damage and died.
It is not reasonable to expect to pay 10x of an average working American's annual salary for a few offensive words. Nor is it reasonable to expect to be paid 1-2x a physician specialist's annual income because someone hurt my feelings.Freedom of speech is a fundamental right, but it annoys me when people say something offensive and expect no negative consequences, and then when they face scrutiny they try and hide behind the first amendment.
You can say anything you want! The government is not inhibiting your right to express yourself!
However, if you express yourself in an offensive and hateful manner, expect societal consequences.
Freedom of speech is a fundamental right, but it annoys me when people say something offensive and expect no negative consequences, and then when they face scrutiny they try and hide behind the first amendment.
You can say anything you want! The government is not inhibiting your right to express yourself!
However, if you express yourself in an offensive and hateful manner, expect societal consequences.
It is not reasonable to expect to pay 10x of an average working American's annual salary for a few offensive words. Nor is it reasonable to expect to be paid 1-2x a physician specialist's annual income because someone hurt my feelings.
The whole situation reeks on both sides.
wholeheartedly, there are just too many red flags for any intelligent person not to have doubts about this story.
And, regardless, $500K for this? Does money grow on trees in Virginia? People work hard and long for that kind of money. This punishment is way out of proportion with the "crime" (I know it was a civil case). Wouldn't even been closely this high if it were just defamation and privacy law violation. They stretched and raped the concept of medical malpractice to include stuff that did not result in real lasting damage for the patient, just so they can sell it better to the jury. I am sorry, but I have a very hard time believing that anybody could inflict lasting emotional distress in an attorney; they are trained to have a thick skin.
If you can't beat them, join them.http://forums.studentdoctor.net/threads/anesthesiologist-trashes-sedated-patient-—-and-it-ends-up-costing-her.1145258/
Here is another thread about this. I'm slightly annoyed it is getting more traffic than ours.
Edit: I see several of you have already posted on that one. Traitors.
Some more food for thought, and comments to read:
http://www.kevinmd.com/blog/2015/06...-colonoscopy-it-cost-this-doctor-her-job.html
Really Winged Scapula?
Everyone has hemorroids?
Even vegeterians?
Are we just talking Americans?
Wikipedia said:Hemorrhoids (US English) or haemorrhoids UK /ˈhɛmərɔɪdz/, are vascular structures in the anal canal. [1][2] In their normal state, they are cushions that help with stool control.[3] They become pathological or piles[4] when swollen or inflamed. At this point the condition is technically known as hemorrhoidal disease.[3]
Medscape said:Confusion often arises because the term "hemorrhoid" has been used to refer to both normal anatomic structures and pathologic structures.
Says the medical student.if you want to talk about proper words, we aren't "medical providers". we're doctors.
That is true.Yes but at the same time I think it's fairly self-explanatory that when someone writes hemorrhoids in a problem list, history, or physical findings, they are referring to the pathology not the normal anatomy - even if it's not the most precise or linguistically accurate term
Says the medical student.
Not everyone in this thread is a physician, hence my encompassing term.
Issue is plaintiff is a lawyer who wanted 5 million plus.Whenever a malpractice case goes to a Jury unpredictable results can and do happen. In this case I don't see how the defendant thought she could win the case. Now, her reputation is in ruins and she will have a hard time finding work. Cases like these should remind everyone why Physicians settle a lot of lawsuits pretrial even when there is NO MALPRACTICE.
The whole hemorrhoid thing was simply ******ed, but certainly didn't constitute "falsifying the record".
as a preop nurse I have no idea how they allowed this to happen. We have rooms in the OR were NO ONE can have a cell phone cause it screws up equipment. I tell patients everyday to have all their belongings off and either stored away or with a family member. And I check.We don't take personal effects into procedure rooms.
Also, whether you agree or not, consider this:
“Julie Ayer Rubenzer Law,
http://www.washingtonpost.com/news/...mes-amid-push-for-cameras-in-operating-rooms/
This is what comes from not having good mentors and policing yourselves.