$111 million malpractice verdict

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nimbus

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Clearly malpractice but also clearly a clown level judgement delivered by the medmal circus. I already never intended to practice in MN after their supreme court found the hospitalist liable for the inappropriate ER np discharge but hey, here is another reason.
 
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When this happens, do premiums go up so much for physicians (like if one got into a car accident) that they would no longer be able to practice?
 
When this happens, do premiums go up so much for physicians (like if one got into a car accident) that they would no longer be able to practice?


It’s a funny money judgement. Most insurance policies have a limit so no plaintiff will collect that amount.
 
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So will the doctors have to pay the difference? (Amount that the med mal doesn’t cover)

Assuming it’s not an LLC and it’s a partnership, I thought that general partners are liable
 
Absolute clown show. I thought MN was a great state from medico-legal standpoint. Just wtf.

Definitely isn't avoid like the plague.
 
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So will the doctors have to pay the difference? (Amount that the med mal doesn’t cover)

Assuming it’s not an LLC and it’s a partnership, I thought that general partners are liable
even if they are on the hook of anything beyond malpractice coverage, i doubt the plantiff will ever collect anything close to $111 mil
i'm sure the LLC itself as well as all the docs in the practice have good asset protection strategies in place to limit any personal liability
 

Definitely isn't avoid like the plague.
I read the actual details and it isn't as clear cut as you are making it out to be. I don't wish to derail the core topic, but this needs to be said. The NP referred a patient for admission, discussed this with a hospitalist who denied the admission, and the patient died. Its misleading to suggest there was no physician-patient relationship. While I do not absolve the NP of blame, neither do I absolve the hospitalist.

It's like being called by the ICU to intubate and you listen to the report and decline to come. The patient proceeds to go into hypercarbic arrest. Are you liable? To some degree, absolutely.
 
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I read the actual details and it isn't as clear cut as you are making it out to be. I don't wish to derail the core topic, but this needs to be said. The NP referred a patient for admission, discussed this with a hospitalist who denied the admission, and the patient died. Its misleading to suggest there was no physician-patient relationship. While I do not absolve the NP of blame, neither do I absolve the hospitalist.

It's like being called by the ICU to intubate and you listen to the report and decline to come. The patient proceeds to go into hypercarbic arrest. Are you liable? To some degree, absolutely.
More like the primary care provider called you to accept a patient directly for admission with a report of questionable accuracy. Phone calls like that aren't billable and waste time. I get called about dumb **** all the time from random people in different smaller hospitals on patients I can never see and I always tell them to transfer if they are concerned but I shouldn't be held liable for medical malpractice if they call me and ask if a stable PE needs lytics when that is all the detail they give me when in reality the person is in shock with a normal blood pressure.

In MN I would be held to malpractice for these phone calls so they can **** right off. It really discourages people from trying to help if they can just get railroaded in court if the person who actually makes the decisions doesn't have deep enough pockets or an adequate ability to take care of patients.
 
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More like the primary care provider called you to accept a patient directly for admission with a report of questionable accuracy. Phone calls like that aren't billable and waste time. I get called about dumb **** all the time from random people in different smaller hospitals on patients I can never see and I always tell them to transfer if they are concerned but I shouldn't be held liable for medical malpractice if they call me and ask if a stable PE needs lytics when that is all the detail they give me when in reality the person is in shock with a normal blood pressure.

In MN I would be held to malpractice for these phone calls so they can **** right off. It really discourages people from trying to help if they can just get railroaded in court if the person who actually makes the decisions doesn't have deep enough pockets or an adequate ability to take care of patients.
There is more nuance to it than that and you are digging in simply to make your point. That's fine, but it takes the conversation nowhere.

I will agree with you that there is zero reason to help. The sooner we treat our jobs as direct care to our assigned patient and that's it, the happier and less legally endangered we will all be. I don't do favors anymore and I don't answer curbside consults. I don't supervise non-anesthesiology residents who "want experience intubating" and do not place lines "as a favor." It's a rough world out there and my number one is my husband and kids. Everyone else can ...
 
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I read the actual details and it isn't as clear cut as you are making it out to be. I don't wish to derail the core topic, but this needs to be said. The NP referred a patient for admission, discussed this with a hospitalist who denied the admission, and the patient died. Its misleading to suggest there was no physician-patient relationship. While I do not absolve the NP of blame, neither do I absolve the hospitalist.

It's like being called by the ICU to intubate and you listen to the report and decline to come. The patient proceeds to go into hypercarbic arrest. Are you liable? To some degree, absolutely.


I suppose the NP should have told the patient to go to the nearest ER after the hospitalist refused the admission. We have all made mistakes and bad calls. In this case, the hospitalist does bear some liability. It was more than a call for advice or a curbside consult.
 
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I suppose the NP should have told the patient to go to the nearest ER after the hospitalist refused the admission. We have all made mistakes and bad calls. In this case, the hospitalist does bear some liability. It was more than a call for advice or a curbside consult.

I’ve never at the giving end of a direct admission. But I’ve certainly accepted a few.

If I don’t accept the patient, there is no doctor-patient relationship. Period. Maybe the presentation from the NP is inaccurate, maybe the work up is not thorough, maybe the patient needed a scan. Have you tried to order a scan in the middle of the night, and every single thing in the ER takes priority than the patient that’s already in house? I’ve waited hours for abd urgent CTs. I’ve waited 45 mins for even a “stroke code” patients. If the NP or the sending physicians aren’t happy, it’s their responsibility to send the patient to the ED or higher level of care. I think in this case, it’s that different level of training in full display here. I cannot fathom if “I”, a fully trained physician, decided a patient should be admitted to a hospital for work up, would just let the patient go home or another physician talk me out of it. NP will always be nurse at heart, even they claim they’re equal and able to practice independently. Seen plenty of CRNAs treating surgeons as if they’re Gods. They just don’t have the knowledge to go toe to toe with them.
 
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There is more nuance to it than that and you are digging in simply to make your point. That's fine, but it takes the conversation nowhere.

I will agree with you that there is zero reason to help. The sooner we treat our jobs as direct care to our assigned patient and that's it, the happier and less legally endangered we will all be. I don't do favors anymore and I don't answer curbside consults. I don't supervise non-anesthesiology residents who "want experience intubating" and do not place lines "as a favor." It's a rough world out there and my number one is my husband and kids. Everyone else can ...
There really isn't more nuance to it. Unless you have had to take phone calls from some of these clueless outside providers then you don't understand how nonsensical it is to expect that to somehow constitute a physical patient relationship. Making that the new standard degrades care universally because it means patient can essentially only be taken care of at regional hospitals where every subspecialty is ready to drop a note even if it's a 15 second issue that could have easily been resolved on the phone.

I still have a desire to help my community including other providers and serve that role when they call me. I live in an area where remote care is quite common and there is an understanding that these people are doing their best and need help and can't just put everyone on an aircraft who shows up needing something that isn't routine primary care.
 
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There really isn't more nuance to it. Unless you have had to take phone calls from some of these clueless outside providers then you don't understand how nonsensical it is to expect that to somehow constitute a physical patient relationship. Making that the new standard degrades care universally because it means patient can essentially only be taken care of at regional hospitals where every subspecialty is ready to drop a note even if it's a 15 second issue that could have easily been resolved on the phone.

I still have a desire to help my community including other providers and serve that role when they call me. I live in an area where remote care is quite common and there is an understanding that these people are doing their best and need help and can't just put everyone on an aircraft who shows up needing something that isn't routine primary care.
In that case the MN Supreme Court said that a physician-patient relationship isn't a prerequisite for medical negligence. Rather, if there was a foreseeability of harm in the physician's actions then a suit wouldn't get thrown out.

And yes it's a scary precedent because it could put doctors on the hook with even peripheral involvement/discussion.
 
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There is more nuance to it than that and you are digging in simply to make your point. That's fine, but it takes the conversation nowhere.

I will agree with you that there is zero reason to help. The sooner we treat our jobs as direct care to our assigned patient and that's it, the happier and less legally endangered we will all be. I don't do favors anymore and I don't answer curbside consults. I don't supervise non-anesthesiology residents who "want experience intubating" and do not place lines "as a favor." It's a rough world out there and my number one is my husband and kids. Everyone else can ...

This is gods truth. The friendliest acting people are the ones that are the quickest to stab you in the back
 
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The medical details of the case are interesting. The patient presented with fever, elevated WBC, abdominal pain and elevated serum glucose but the hospitalist attributed these symptoms to uncontrolled diabetes and recommended outpatient treatment of diabetes with followup in 3 days🤔. Maybe he was getting slammed with admissions that day? Patient died of sepsis the next day.
 
The medical details of the case are interesting. The patient presented with fever, elevated WBC, abdominal pain and elevated serum glucose but the hospitalist attributed these symptoms to uncontrolled diabetes and recommended outpatient treatment of diabetes with followup in 3 days🤔. Maybe he was getting slammed with admissions that day? Patient died of sepsis the next day.
It is beyond bull**** to blame your own mismanagement on someone else who was trying to help. Like if I call an neurosurgeon when I work in a satellite hospital for a patient the er wants to admit but is comatose with a subdural and the neurosurgeon says it is nonoperative just check it in a few days because he is busy operating and has been working like an animal for 20+ hours but I know this person is sick. It may be the case that nothing more needs to be done but I need that formally written down which means I reject that admission.

If the neurosurgeon stops answering the calls because of the **** everyone but me mentality then every single minor head bleed is going to overwhelm our regional hospital that never has capacity anyways and a ton of money gets wasted transferring people for pointless neurosurgical evaluation that used to be done over the phone. If I admit the person and they progress to brain death because they herniate that is on me for failing to recognize and respond to the pathology ignoring what was obvious to anyone who could see the patient with the knowledge to know better, not someone on the phone who had no official duty to the patient.
 
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It is beyond bull**** to blame your own mismanagement on someone else who was trying to help. Like if I call an neurosurgeon when I work in a satellite hospital for a patient the er wants to admit but is comatose with a subdural and the neurosurgeon says it is nonoperative just check it in a few days because he is busy operating and has been working like an animal for 20+ hours but I know this person is sick. It may be the case that nothing more needs to be done but I need that formally written down which means I reject that admission.

If the neurosurgeon stops answering the calls because of the **** everyone but me mentality then every single minor head bleed is going to overwhelm our regional hospital that never has capacity anyways and a ton of money gets wasted transferring people for pointless neurosurgical evaluation that used to be done over the phone. If I admit the person and they progress to brain death because they herniate that is on me for failing to recognize and respond to the pathology ignoring what was obvious to anyone who could see the patient with the knowledge to know better, not someone on the phone who had no official duty to the patient.


The NP did not file a lawsuit. The deceased patient’s son is the plaintiff. I’d be miffed too if I was the son.
 
The NP did not file a lawsuit. The deceased patient’s son is the plaintiff. I’d be miffed too if I was the son.
But seriously, admissions get declined frequently enough. I have been on both ends. If you really think the patient is sick and you can’t handle it and you know there is someone out there who can help, you call the transfer center or send the patient to the ER even in an ambulance. Not tell them to go home. That speaks of lack of knowledge and “Dr So and So notified” RN documentation to cover your ass. If this was a Physcian in the clinic they would have gone after he/she for negligence and asked he or she why the issue was not pushed further. But because it was an NP they go after the deeper more educated pockets and the NP can put their hands up and say, “I tried, I notified the doctor and documented it.” Total BS.
 
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