Nashville, TN asked in Elder Law, Health Care Law, Medical Malpractice and Personal Injury for Maryland

Q: If hospital and doctors fail to treat life threatening wounds, or address pain, is this elder neglect??

65 yr old man has open 8” wound at base of skull, due to Lyme disease w/ zero doctors and Johns Hopkins fail to address by not returning calls for follow up appt, life threatening worsening of this over several years and attempts to minimally address pain

2 Lawyer Answers

A: Typically, it is difficult to maintain an action for medical malpractice due to a patient's inability to schedule an appointment. In a true medical emergency, the patient should go to a local emergency room or call 911 for paramedics to assess and transport the patient to a hospital. It is just not possible to prove that a doctor's acts or omissions fell below the standard of care if the doctor has not seen and is not treating the patient.

I understand and appreciate the difficulty in scheduling a health care appointment by phone. It is a time-consuming hassle that I usually avoid by scheduling my follow-up appointments in office at the end of each visit or by scheduling appointments online through my healthcare providers' web portals and apps. I find that a lot of younger office staff strongly prefer not to speak with patients and customers by telephone so returning telephone calls is often very low on their priority list.

A: You could reach out to attorneys to try to arrange a free initial consult. For the matter of neglect, it does not sound like the hospitals or doctors were designated in a role of caretaker or similar capacity. The problem in such a phone setting that transpires over a course of years is that there will likely be conflicting accounts of what was said. See if you could arrange a free initial consult with a law firm to discuss further. Despite the absence of a person-to-person live setting, it does seem like a failure in a system that should have addressed something as serious as an 8-inch wound. Good luck

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