Question

Referring to case review in our textbook, explain 1) South Dakota case: Failure to respond, On-call physician fails to response.

Answer 1

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In Fjerstad v. Knutson, the South Dakota Supreme Court found that a hospital could be held liable for the failure of an on-call physician to respond to a call from the emergency department. An intern, who attempted to contact the on-call physician and was unable to do so for 3.5 hours, treated and discharged the patient. The hospital was responsible for assigning on-call physicians and ensuring that they would be available when called. The patient died during the night in a motel room as a result of asphyxia resulting from a swelling of the larynx, tonsils, and epiglottis that blocked the trachea. Expert testimony ruled that care could have saved the decedent's life.