What is a doctor’s duty to follow-up with their patient after surgery?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is a doctor’s duty to follow-up with their patient after surgery?
I had surgery about 5 months ago and had a spinal cord stimulator implanted; my neurosurgeon has not seen me since she put me under for the surgery. She was then out on Administrative leave for my follow-up, I saw her NPA, which informed me she did not know much about the device. I have had problems since the surgery and was just referred to a different neurosurgeon in a different city, as my original neurosurgeon decided before she came off of leave that she would no longer deal with the device she has implanted. Didn’t she have an obligation to follow-up with my issues instead of just sending me to a neurosurgeon an hour and a half away? Is this negligence on her behalf?
Asked on April 11, 2013 under Malpractice Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It's only negligence if it is unreasonable carelessness or some other failure to provide the proper level of medical care; whether it is that depends on the context and reason for her actions. For example, if the other doctor can provide better care (e.g. is more experienced or knowledgeable), or your first physician has valid personal or business reasons for reducing her workload or not dealing with certain patients (e.g. poor health; semi-retiring or slowing down; lacks the resources to provide the follow-up that you need), this would not be negligence or malpractice. Furthermore, even if it were negligence or malpractice if you have not suffered any actual injury from it (other than the inconvenience of travel), you would not be entitled to compensation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.