Question

On November 24, 1996, Gregory enters the St. Ann’s Hospital emergency room screaming that his leg hurts and he needs morphine. Dr. Able takes him to an examination room, and after a cursory exam, discovers no cause for such pain. She makes the determination that Gregory has come to the hospital seeking drugs under the guise of pain, and discharges him. Two hours later, Gregory is back at St. Ann’s screaming that he is in severe leg pain and needs morphine. Dr. Able is with another patient, so Dr. Braxton takes Gregory to an exam room and after a cursory examination, determines that Gregory has pulled a muscle. He advises rest, ice, relaxation and elevation and sends Gregory on his way. Two days later, Gregory returns to St. Ann’s, irate, and screaming that he is in severe leg pain and needs morphine. Drs. Able and Braxton are seeing patients, so Dr. Cameron takes Gregory to an exam room. Gregory, in horrible pain and fearing that he will be sent away, grabs a syringe of pain medication and attempts to inject it himself. Dr. Cameron calls for two orderlies who tackle Gregory to the ground, breaking his ankle. While Dr. Cameron is having his ankle examined, she decides to run some tests on the leg Gregory has been complaining about, just to be thorough. The tests reveal that Gregory has an infarction in his left thigh. The infarction has restricted the blood flow to the muscle, leading to muscle death. Gregory is, indeed, in a great deal of pain. Gregory undergoes surgery to remove the dead tissue and restore circulation to his leg. During the surgery, Dr. Cameron removes slightly more muscle tissue then is necessary just to make certain that all the dead tissue is gone. When Gregory awakes from surgery, he finds he only has partial use of his left leg, as much of the muscle mass has been removed. Please discuss the medical responsibilities that existed with respect to Gregory and indicate if any of those medical responsibilities were breached. Then, please discuss any potential negligence actions that Gregory could bring against Drs. Able, Braxton, Cameron or St. Ann’s Hospital. Finally, please discuss any potential intentional tort actions that Gregory could bring in this scenario.

Answer 1

The medical responsibility existed with respect to Gregory are

• Medical negligence caused by the provider by ruling out in deep for the cause of pain and just assessed by guess (medical malpractice of failure to treat)Dr Able negligence lead to the patient status
• Medical malpractice of not providing the right treatment to the patient who came with pain without proper diagnosis (misdiagnosis )Dr.Braxton advice of rest,elevation, ice application without a proper diagnosis
• Diagnosed in a very late stage where a surgery needed to correct it (delayed diagnosis damage to patient) Dr.Cameron causing direct physical damage by removing excess tissue or muscles without patient consents

Hence Gregory could raise a tort due to medical negligence ,medical malpractice, breach of duty.