Question

On the morning of July 28, 2018, Marsha awoke with a severe headache and vision problems. Although Marsha did not have a regular primary care physician, she scheduled an appointment for later that day with Dr. Lewis to assess these symptoms. But because Marsha arrived fifteen minutes late, Dr. Lewis refused to see her. Marsha then went to a nearby Calhoun Urgent Care center. She presented to the nurse practitioner there with a headache, disorientation, and vomiting. But Calhoun Urgent Care did not accept Marsha’s discount insurance plan, so Marsha was again turned away. Marsha next went to the ED at Worst Houston Hospital (WHH). Upon her arrival at WHH at 12:00 p.m., Marsha was placed in a triage room. But Marsha was not seen by any medical personnel until 4:30 p.m. Shortly after 4:45 p.m., Marsha received a standard screening for headache, disorientation, and vomiting. That screening included a CT scan that revealed a “large right parietal hemorrhage.” The ED physician, designated this as a “neurological emergency.” While the ED physician did what little she could, stabilizing this type of hemorrhage was beyond the scope of WHH’s resources. So, the ED physician ordered Marsha transferred by helicopter to the University of Mo City, where she remained hospitalized until August 13, 2018. Marsha has lost vision in both eyes from the hemorrhage. You have been retained by Marsha today. Identify, analyze, and assess the claims that she can plausibly assert against any party.

Answer 1

The claim which can be possibly asserted against the party are

• Intentional tort or malpractice on Dr. Lewis for not seeing a patient with active complaints. The reason of being late by 15 minutes has made the doctor to refuse providing treatment or at least assessing the patient by making her wait until her turn comes. If this is done the patient would not have lost vision.
• She can claim the Calhoun Urgent care center on the grounds of EMTALA for refusing to treat a patient on emergency ground who is in greater need of medical help
• Sueing the Worst Houston Hospital for delayed care for a patient who was in triage room and caused a grevient injury .Suing the medical staffs in the ED for not providing timely care to the patient .