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Last year, we handled a very significant and tragic case involving a young man who arrived at the hospital with clear symptoms of brain swelling. For a long time, we couldn’t understand why no one responded appropriately until we reviewed the cell phone records of the residents overseeing his care. As is often the case in hospitals, there was a discrepancy between the official records and what was actually happening to the patient.
The cell phone records revealed that the residents were not given proper guidance, were left to manage on their own, and were making mistakes without receiving the necessary support. Consequently, our client did not get the timely care he needed, resulting in a severe brain injury. This case highlighted a dangerous practice where the younger, less experienced residents communicated via text messages without the oversight of more senior physicians, who relied solely on the official medical records.
Essentially, everyone under 40 was using text messaging for communication, while the more experienced individuals over 40 were reviewing the official medical record. This lack of communication between the junior staff using cell phones and the senior staff reviewing records led to a disconnect in patient care. Senior physicians were unaware of the real-time issues the junior residents were facing, causing a gap in proper evaluation and intervention.
One frustrating aspect of hospital cases is the rigid hierarchy within these institutions. Although a chain of command is often necessary, it can prevent effective self-evaluation when problems arise. Surgeons may deny responsibility and blame hospitalists, who in turn may blame nurses, and so forth. As medical malpractice professionals, our role is to scrutinize behavior at every level of this hierarchy, enabling us to gain a clearer understanding of what happened to our clients, often better than the treating staff in the hospital themselves.
San Francisco, CA medical malpractice attorney Nathaniel Leeds tells the story of a memorable hospital malpractice case he handled. In the previous year, they handled a significant and distressing case concerning a young man who had sought medical care with alarming symptoms related to brain swelling. As they delved into the case, they encountered puzzling questions regarding why there had been a lack of timely response. The mystery persisted until they obtained the cell phone records of the medical residents responsible for his care.
This case, like many others in hospital settings, revealed a stark contrast between the official medical records and the actual events transpiring with the patient. The cell phone records painted a different story, exposing inexperienced residents who were left without proper guidance and support, resulting in a series of mistakes and a lack of adequate patient care. Tragically, the client suffered a severe brain injury due to the insufficient care he received.
The existence of parallel records, one official and the other in the form of text messages among the residents, created a concerning situation. Essentially, the medical care for the patient under 40 was being managed via text messages, while those over 40 relied on the official medical record. However, the younger physicians, despite their access to cell phones and messaging, failed to communicate in a way that the more experienced senior physicians could comprehend and assess. This disconnect meant that the senior physicians were unaware of what the junior physicians were doing.
Hospital cases often highlight the hierarchical structure within medical facilities, which, while necessary in some aspects, can become problematic when errors occur. In such instances, the blame tends to be shifted down the chain of command, with each level denying responsibility and attributing it to the level below. One notable aspect of their work as medical malpractice professionals is their impartiality in relation to this hierarchy. They can scrutinize the behavior of individuals at every level of the chain, allowing for a comprehensive examination and a better understanding of what transpired with the patients, often surpassing the insights available to the healthcare providers within the hospital system.