Several doctors and a PA were sued. This is a very long appeal so you would really need to read it to get the full summary but basically, Mr. Behr (39) received a left tibial plateau fracture while playing baseball. He drove himself to the hospital and recommended surgery. After surgery, several complaints were made to PAs but went unanswered. The Dr. finally diagnosed his compartment syndrome but a lot of damage was already done.
The lawsuit was initially dismissed but the appeal disagreed.
Within the appeal it says:
"In addition to their testimony, the Behrs offered as evidence medical record entries that he frequently complained of pain, he was anxious (and was treated for anxiety) because he thought there was something wrong, and he questioned whether his nurses and Northwest Orthopedic’s physician assistants knew what they were doing. He asked multiple times to be seen by a doctor."
"Northwest Orthopedic records reveal that PT Benage called its office at 12:55 p.m. that day. She left a message that its employee, Deneen Tate, took down as follows: Ruth from Deaconess PT called to report that Colten [sic] is unable to perform any active movement of his left foot. He has lots of edema and decreased sensation in that foot."
"Mr. Behr was next seen by a Northwest Orthopedic employee the following day, Saturday, December 11, when PA Leann Bach handled rounds at Deaconess. She was not aware of the phone message left by PT Benage the day before. She arrived at Mr. Behr’s room at 10:45 a.m. She could not recall at the time of trial whether she reviewed the notes of PT Benage’s evaluation."
"After speaking with and obtaining approval from Dr. Anderson, the Northwest Orthopedic surgeon on call on Saturday, December 11, she used a large-bore needle in two attempts to aspirate Mr. Behr’s parapatellar space. The attempts were unsuccessful. They were quite painful, according to Mr. Behr. PA Bach then fitted Mr. Behr with a polar ice machine. Kristy Waller, the charge nurse on the Deaconess orthopedic floor became involved in Mr. Behr’s care on Saturday, after nurse Lail felt Mr. Behr treated her “rude[ly] and condescending[ly] . . . all morning.” CP at 2834. Limited practice nurse (LPN) Lail’s notes indicate that she assisted PA Bach with the attempted aspiration and that the lack of blood return “made [patient] very upset and demanded to see a doctor instead of PA again.”"
"On Sunday, December 12, Dr. Anderson visited Mr. Behr during his rounds. He arrived at 11:00 a.m., and observed signs of compartment syndrome that he noted were not present the day before. The Behrs insist that Mr. Behr’s condition was unchanged from the prior afternoon. Dr. Anderson measured Mr. Behr’s compartment pressure at 11:30 a.m. He recorded the measurements as “clinical & objective evidence of compartment syndrome” and ordered Mr. Behr “to OR ASAP.” CP at 280. Mr. Behr was taken to the operating room at 12:06 p.m. and the fasciotomy surgery began at 12:24 p.m."
"Given that Washington statutes treat physician assistants as agents of the physician, we hold that they must be held to the standard of the physician, consistent with agency law."