Legal Question in Medical Malpractice in Georgia
Dr. denies treatment because of personal beliefs/Have I been wrongs?
In 2000 I became pregant. I recieved some bad news about my baby after my amnio. After a few tormenting days of talking to my OB. and much soul searching, we made the decision to terminate my pregnancy. With the support of my doctors and my family I was admitted to the hospital with the promise from my doctors that everything would be ok and that I would receive anesthesia for the pain that I would experience after my labor was induced. When it came time for my epedural it did not come. I beg the nurses who kept giving me a song and dance about the anesthesiologist being in surgery. I begged for someone else. After hours of torment and pain the fetus was born. I was quickly shipped off the the cancer ward to lick my wounds. One of my OB doctors came in and told me that he was sorry and shocked at the nights events. He told me that the anesthesiologist refused to treat me because he disagreed with the procedure. Did he have the right to decide that and did he have the right to deny me any medical treatment by him or any other Dr? Please help me. I can not forget this.
2 Answers from Attorneys
Re: Dr. denies treatment because of personal beliefs/Have I been wrongs?
Obviously, you have endured a terrible ordeal and you have my sympathies. Before getting to whether the anesthesiologist had a right to refuse treatment, we must first consider whether your claim is barred by the statute of limitations. Generally, a malpractice action must be brought within 2 years of the alleged negligent act or within 2 years of your discovery of the alleged act. Based upon the facts in your question, that date would be when the doctor advised you that the anesthesiologist refused treatment. When did your doctor explain this to you?
If the statute of limitations has not run, then you have to consider whether there is a provable claim against the anesthesiologist and/or the hospital. It appears that the hospital would be under a duty to provide an anesthesiologist per the doctor's orders. Failure to do so is likely a breach of the standard of care. Proving that the anesthesiologist refused to provide treatment may be very difficult. You would first need to review your medical records. I'm speculating, but I am confident that the records do not reflect that the anesthesiologist refused treatment based upon personal beliefs. Also, getting your doctor to swear to what he told you while in the hospital may be very difficult.
I would appreciate you responding concerning the dates of your hospitalization and when your doctor confided the reasons for the refusal of treatment.
DISCLAIMER: This response constitutes general legal advice and does not create an attorney-client relationship.
Re: Dr. denies treatment because of personal beliefs/Have I been wrongs?
These cases are extremely complicated and expensive. In order to assess whether you have a case, it will be necessary to obtain an affidavit from a competent professional who has reviewed your records and can give an affidavit that the anesthesiologist and/or other hospital personnel violated the appropriate standard of care.
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