Hey Family,
Dad said it was ok to tell you the story about being sued by his patient since he doesn't have very much time to write emails.
In April a new patient came in to see Dad. (It was a week or two after Mom and Dad decided to go on a mission) This patient had been in a car accident and his back was really bad. During his first visit Dad told him he would need to come in every day if not twice a day or else he would need surgery.
TWO WEEKS later the patient comes back complaining that his back still hurt. Dad gave him a treatment and again told him that if he really wanted to get better than he would need more treatments.
The patient who is a friend of Jean Barr (the father, not the seminary teacher), went to Jean's house after his treatment. Dad received a call that afternoon from Jean saying that the patient couldn't get off the floor because he was in so much pain. Dad made a house call and took over pain medication. He told the patient he would also need to monitor his urine output because his back problems could affect that. Dad even tried to find a canning jar or something at the Barr's house so the patient could measure his urine. He said if his back pain didn't get better than he would have to go to the hospital and have surgery because Dad had done all he could. The patient said he did not want to and could not go to the hospital because he didn't have any money.
That night Dad called Jon and asked him if the patient was ok. Jon said he felt better and had gone home.
I'm not sure if it was the next day or couple of days but Dad got a call from the hospital. The patient had gone to the hospital. His back was hurting and he couldn't pee. Dad informed the person on the phone that he told the patient to measure his urine and go to the hospital if his back pain worsened. They catheterized him at the hospital and decided he needed surgery.
The patient went to Utah Valley where he underwent back surgery. In the medical report it said he was able to urinate afterward.
This summer (Mom and Dad can't remember when-it was the day Mom was pouring cement in the cinder blocks at the lot) they received papers from the patient's lawyer saying they responsible for him having to have back surgery and from the back surgery he has become paralyzed. (Hmm....can we say car accident.....non compliant patient....duh!)
The craziest part is that Mom and Dad saw him in Day's Market after this and he walked out of the store. He looked normal....no problems! They even talked to the patient's friend who said he works full time in another state and doesn't have any problems.
Luckily Dad has really good malpractice insurance. They met up with their Attorney and went to a licensing panel hearing. Dad had great documentation from the patient's two visits. Dad gave his honest side of the story. I'm not sure if the patient was there or not but his lawyer was and their side of the story was full of lies...of course! Dad said as the questioning went on the patient and his lawyer's accusations just got more and more ridiculous. (stupid ambulance chaser lawyers!)
The licensing panel is made up of a lawyer, a chiropractor,....and one other person but I can't remember right now. After the debates and rebuttals the panel met to make a decision. They only met for minutes before they had made a decision. (Dad said the longer they meet the more likely it won't be in your favor but since it only took them minutes to decide it looks like it would be in his favor.) Sure enough it was because they voted the case had no merit.
The patient can still take it to court but his chances of winning have decreased. Dad has seen all the medical reports and knows his side of the story so he could find evidence against it. Dad's attorney said he would hire a private investigator to film the patient walking around and working if they took the case to court.
Charlie and Angeline- if you have anything to add to the story please do!
Thursday, November 20, 2008
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