NY: RN's opinion key in denying dr.'s motion: pt. died from bowel obstruction & no consults.CASE FACTS: Arlene Secondo se·con·do n. pl. se·con·di The second part in a concert piece, especially the lower part in a piano duet. [Italian, from Latin secundus, second, following; see sek , Administratrix ADMINISTRATRIX. This term is applied to a woman to whom letters of administration have been granted. See Administrator. of the Estate of David Secondo, filed suit against KRNH, Inc., the Northeast Center for Special Care, and Drs. S. M. Hague and Richard Hodder. She alleged medical malpractice Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. by the defendants' employees resulted in David's death. Further, she alleged that the defendants failed to follow their own rules, regulations, procedures, and protocols by thiling to have the decedent An individual who has died. The term literally means "one who is dying," but it is commonly used in the law to denote one who has died, particularly someone who has recently passed away. seen by a surgeon one day after being seen by a gastroenterologist Gastroenterologist A physician who specializes in diseases of the digestive system. Mentioned in: Rectal Examination gastroenterologist a physician specializing in gastroenterology. after David had complained of being unable to move his bowels. Dr. Hodder moved for an order for summary judgment. He argued that his position as Medical Director at KRNH was largely administrative. During his examination before trial, Dr. Hodder testified as follows: Q. So when you went as medical director to Northeast Center, what were your duties? And again, this is when you were part-time. A. Usual duties would be to basically make sure that the medical guidelines for the facility met the legal regulatory and clinical standards of the practice of medicine in long-term care long-term care (LTC), n the provision of medical, social, and personal care services on a recurring or continuing basis to persons with chronic physical or mental disorders. . In response to a question asking whether any of his duties included supervising the doctors in their day to day care, Dr. Hodder testified that: Yes. It would occur first of all, if the doctor asked me to look at someone that they were having difficulty with, and that sometimes would come up particularly with kidney patients, the elderly, the geriatric patients. And the second, I thought I had oh, if any of the other departments, like if nursing said, you know, I don't like the way doctor X is doing that, I would look at the chart, I'd talk to the nurse. And then most times it was a matter of getting people to understand. A lot of times medical standards change and nursing tends to follow a pattern and then the doctors keep up with the literature, and so something new may happen or there's variations, the way you use a drug or something like that, I would be called on to nursing also .Dr. Hague opposed Dr. Hodder's motion relying on the testimony of Registered Nurse Nila Belmat, who testified in her examination before trial: Q. Do you recall, as part of that consultation with Dr. Hague, whether or not he had suggested that you get either a GI or surgical consult or both? A. I remember talking to Noun 1. talking to - a lengthy rebuke; "a good lecture was my father's idea of discipline"; "the teacher gave him a talking to" lecture, speech rebuke, reprehension, reprimand, reproof, reproval - an act or expression of criticism and censure; "he had to Dr. Hodder about the recommendation for surgical, and since it was a gastrointestinal problem, before you send him to surgical, he had to be seen by a gastroenterologist then for a surgical consult. COURT'S OPINION: The Supreme Court of New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of entered an order denying Dr. Hodder's motion to dismiss the plaintiff's complaint. Further, the court ordered that the parties attend a pretrial conference A meeting of the parties to an action and their attorneys held before the court prior to the commencement of actual courtroom proceedings. A pretrial conference is a meeting of the parties to a case conducted prior to trial. scheduled for a date certain. Secondo v. KRNH, Inc, NY-31810-(9/14/2009)-NY Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing lab for over 40 years, he concentrates in health care law with the Rhode Island Rhode Island, island, United States Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches. 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 |
|
||||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion