Legal System

[Y2KPSD]

---

Members do not see this ad.

Question from my Dr..... (Daughter - EM PGY-2)


Car crash, 2 patients 18 & 21 (brothers).
They arrive at the ER,
Resident starts on older,
attending starts on younger (not far apart in the ER)

18 yo expires soon, attending then takes over the other patient w/resident assisting. Surgey called, later the patient expires in / after surgery.

Family want all records. Lawyer now involved.
Does the resident have to be concerned???
What is the liability of the resident??

Of course they go after everyone for formality, but, what the real outcomes.
As of now, only data gathering is going on.

 

[Apollyon]

SDN is not for medical or legal advice.

The hospital has a BUNCH of lawyers in Risk Management that can help/answer these questions.

In general, everyone could be on the hook, which I say only because residents have been successfully sued.

But, again, this is not the place for legal advice.

 

[Miami_med]

Yup the resident killed 'em. Couldn't have been the car crash.🙄

 

[ERMudPhud]

One thing to realize in trauma is that lawyers always get involved and even if they are suing the cement truck company that owned the truck that ran over the car they will still request medical records. I get notices of medical records requests by lawyers many times every year and so far none of the cases have been malpractice cases.

 

[docB]

Residents can get sued. The question is if there is anything in the chart that can be construed or misconstrued as having happened that hurt the patient? If there is then who ever was involved at that time can be sued. If they sue the resident they will sue the supervising attending.