When the E.R. doctor is abusive, is the hospital liable? Ask the Lawyer – Press Enterprise

Canyon Crest Guide Newspaper Ads Canyon Crest CA

Q: I went to the E.R with severe abdominal pain. The doctor literally chewed me out, said I am there too often, that I am wasting the hospital’s resources, and then told me my blood sugar was grossly abnormal. He said I should just leave. Turns out, I had never seen that doctor before and had not been to the hospital in quite awhile, so he possibly mistook me for someone else. But in either event, he has serious issues. The nurse whispered to me my blood sugar was within normal limits, and on my way to the car indicated that I should complain to the Department of Public Health (which I did). A couple of days later, I had to go to the E.R. of another hospital and was admitted for bowel obstruction. The DPH has found the doctor acted wrongfully and the hospital has let him go. I plan to bring claims, not just against the doctor but the hospital also. Do you think both could be liable?

L.Y., El Segundo

Ron Sokol
Ron Sokol

A: Sounds like you have a supportive witness, the nurse. In addition, you submitted a complaint to the California Department of Public Health, which issued a report indicating the doctor’s conduct was unacceptable. Note, you could also submit a complaint to the California Medical Quality Assurance Board. These are administrative complaints, but can be part of your effort, not solely the lawsuit in court.

Newspaper Ads Canyon Crest CACanyon Crest Guide Newspaper Ad

It is of interest the hospital has pushed the doctor out. I wonder if that is the first such incident with this doctor. Bottom line, given the circumstances described, you have a direct claim against the doctor (one claim may be for intentional infliction of emotional distress), and, as to the hospital, you may well have a negligent supervision claim. This arises if you can show the hospital knew or should have known that the doctor was a risk to others. (For example, negligent supervision arises if a teacher molests a child after the school district already had notice of parental complaints about the teacher’s inappropriate behavior.)

You indicate you spent some time at another hospital, not long after this incident. It is possible your condition was exacerbated by the aberrant doctor’s failure to treat. So you should at least evaluate a medical malpractice claim as well.

My impression is that, yes, you can pursue both the doctor and the hospital. Consultation with a lawyer, however,  is firmly recommended. There may be an issue as to whether the doctor was an employee of the hospital, or an independent contractor, which could possibly impact who will be liable.  Also, you should get the pertinent medical records to review.


Reference above is made to the California Department of Public Health and the California Medical Quality Assurance Board. The CDPH seeks to protect the public’s health and to promote positive health outcomes. It also regulates various health care providers. A complaint can be submitted to the CDPH about a health care provider’s misconduct online at cdph.ca.gov.

The CMQAB works to protect health care consumers and to prevent harm through proper licensing and regulation (including of physicians, surgeons and licensed midwives). A complaint about a physician’s misconduct can be submitted to the board online at mbc.ca.gov.

Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator.  It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.

Source link

Reach Out

Don’t hesitate to reach out to us to discuss your specific needs. Our team is ready and eager to provide you with tailored solutions that align with your firm’s goals and enhance your digital marketing efforts. We look forward to helping you grow your law practice online.

Our Services:
Blog Post Writing
We do well-researched, timely, and engaging blog posts that resonate with your clientele, positioning you as a thought leader in your domain.

Content Writing
Beyond articles and content for blogs, we delve into comprehensive content pieces like eBooks, and case studies, tailored to showcase your expertise.
Website Content Writing: First impressions matter. Our content ensures your website reflects the professionalism, dedication, and expertise you bring to the table.

Social Media Management
In today’s interconnected world, your online presence extends to social platforms. We help you navigate this terrain, ensuring your voice is consistently represented and heard.

WordPress Website Maintenance
Your digital office should be as polished and functional as your physical one. We ensure your WordPress site remains updated, secure, and user-friendly.
For more information, ad placements in our attorney blog network, article requests, social media management, or listings on our top 10 attorney sites, reach out to us at seoattorneyservices@gmail.com.

Warm regards,

Canyon Crest Guide Newspaper

Canyon Crest Guide Newspaper Ads Canyon Crest CA

Whether you’re a startup or an established brand, business directories offer an affordable, yet powerful tool to elevate your brand recognition and reach. Sign up, stand out, and let your business soar to new heights, sign up to one of our directory websites:

Canyon Crest Directory

Riverside Ca Business Directory

The Riverside Coupon Directory

Content Writing Service

Newspaper Ads Canyon Crest CA

Like us on Facebook Here

Canyon Crest Guide
5225 Canyon Crest Drive Ste.71 #854 Riverside CA 92507
Tony Ramos 951-235-3518
For great backlinks to your website sign up to one of our directory websites:
Canyon Crest Directory
Riverside Ca Business Directory
The Riverside Coupon Directory

Source link

You May Also Like

About the Author: adirectorylist

Leave a Reply

Your email address will not be published. Required fields are marked *

Home Privacy Policy Terms Of Use Anti Spam Policy Contact Us Affiliate Disclosure DMCA Earnings Disclaimer