An increasing shortage of doctors willing to treat emergency patients in Palm Beach County sometimes means dicey treatment options for the injured. And, surprise, surprise, the nation’s liability mess is to blame. Let’s say that a plastic surgeon from Wellington Regional Medical Center refuses to come to the hospital's ER to treat a man with facial injuries from a car accident. The patient waits hours for treatment before he’s “dumped” and sent to another hospital. Why the lack of hand surgeons, orthopedic surgeons, ophthalmologists, plastic surgeons and obstetricians in the area’s ERs? Well, Florida law allows doctors to practice without medical malpractice insurance. And as malpractice insurance rates rise, some do opt to ‘go bare.’ But in Palm Beach County there's no large public hospital at which doctors in the ER have sovereign immunity from lawsuits. So docs practicing there face an increased liability risk. Especially those sans malpractice insurance. They stay home and the lineup grows thin. And the people suffer. Discuss. Read [Palm Beach Post]
It is a violation of federal and state statutes to "dump" ER patients. That may be the only remaining avenue for compensation of your hypothetical patient (assuming he was harmed by the delay in his treatment). The Florida Legislature has all but immunized ER doctors for any acts of negligence. However, if a hospital chooses to operate an ER it is obligated to have available the necessary medical specialists for the injuries or medical problems that can be reasonably anticipated. Please refer your hypothetical patient to a hypthetical medical malpractice attorney.
Posted by: greedytriallawyer | December 22, 2005 at 04:59 AM