AR: Dr. prescribed over phone--no exam of Pt.: both hospital and Drs. sued after patient died.

CASE FACTS: At noon, on June 29, 2000, Winston Rice went to Cross Ridge community Hospital, complaining of hip and groin pain. He was seen at the hospital by Dr. J. Trent Beaton, the emergency-room physician on duty. Dr. Beaton discharged the patient and told him to go to Baptist Memorial Hospital in Forest City for x-rays. Approximately one hour later, an ultrasound was performed on Rice at Baptist Memorial Hospital and was read by Dr. Vernon Smith, who contacted Dr. Sudesh Banaji, as well as another physician, not a party to the case. Shortly thereafter, Rice was admitted to Baptist Hospital, where Angela McGee and Jennifer Eason were his nurses. Dr. Banaji telephoned the nurses and authorized medication for Rice for that afternoon and early evening. However, he did not go to the hospital to examine the patient. At approximately 8:19 pm, the patient collapsed at the hospital. Cardiopulmonary resuscitation failed to revive the patient, who was pronounced dead at 9:05 pro. The patient's wife and children brought suit against the hospital and Dr. Banaji individually and on behalf of the patient's estate. They alleged that the wrongful death of the patient was due to medical malpractice. The plaintiffs sought damages for the loss of consortium, the loss of pecuniary value of the patient's life, his funeral, medical, and hospital bills, and other damages. The St. Francis County Circuit Court granted the defendants' motion for summary judgment. The plaintiffs appealed.

COURT'S OPINION: The Supreme Court of Arkansas affirmed the judgment granting the defendants' motion for summary judgment. The court held, inter alia, that the beneficiaries of the suit were the surviving spouse, children, father and mother, brothers and sisters of the decedent, persons standing in local parentis to the deceased person and persons to whom the deceased stood in local parentis. Unfortunately, the case was decided on the issue of the statute of limitations. However, physicians should be aware that the litigation itself arose out of the fact that the physician, Dr. Banaji prescribed medication by telephone for a patient he had never seen or examined. No physician should ever prescribe medication for any patient whom he has not seen or examined. Hospitals should have and must implement enforcement of protocols forbidding such a practice. Not only did the physician defendant in this case put the patient at risk but he subjected himself and the hospital to litigation, which could easily have been avoided had the physician refrained from prescribing medication by phone when he had never seen or examined the patient. Rice v. Tanner, 2005 WL 1485215 S.W.3d--AR

Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for over 40 years, he concentrates in health care law with the Rhode Island firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital Law's Regan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers, Marquis Who's Who in American Law, Who's Who in America and Who's Who in the World.