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DOCTOR MUST ASSUME FACTS TO BE TRUE IN EACH HYPOTHETICAL QUESTION I POSE TO HIM DURING PRETRIAL AND TRIAL TESTIMONY IN A MEDICAL MALPRACTICE CASE HERE IN NEW YORK

Doctor, I want you to assume the following facts to be true...

  1. Mr. Jones came to see you on January 1.
  2. This was his first visit to your office.
  3. He complained of having chest pain.
  4. The pain was radiating from his left shoulder down his left arm.

Would you agree that good medical practice required you to obtain a detailed thorough history?

Would you agree that good practice required that you do an immediate physical examination?

Would you agree that failing to take a detailed thorough history would be a violation from the basic standards of care?

Would you agree that failing to do a physical examination would be a violation of the basic standards of medical care?

Would you agree that in order to rule out a cardiac event, good medical practice required that you perform an electrocardiogram, an EKG?

You did have an EKG machine in your office, correct?

It was working properly, correct?

Would you agree that failing to perform an EKG in those circumstances would be a departure from good care?

I want you to also assume that while the patient was in your office, during his visit his chest pain worsened.

I want you to assume that the chest pain now began to radiate down his left shoulder and also down his left side of his back.

Would you agree that these symptoms were suggestive of a myocardial infarction?

Would you agree that these presenting complaints were indicative of a heart attack?

Would you agree that these symptoms were also indicative of ischemia...a lack of or a dimished flow of blood to the coronary arteries?

Would you agree that good medical practice required you or your staff immediately call for an ambulance?

Would you agree that good medical practice required you or your staff immediately request an advanced life support ambulance?

Doctor, I want you to assume that on January 1, after Mr. Jones complained to you of worsening radiating chest pain, you told him to wait in the waiting room.

I also want you to assume that neither you nor your staff ever called can ambulance.

I want you to assume that 35 minutes later, you learned that Mr. Jones collapsed in your waiting room only after a patient in the waiting room alerted your staff.

I want you to further assume that when an ambulance finally arrived 15 minutes later, an EKG reported that he was in A-Fib; atrial fibrilation.

Mr. Jones had to be cardioverted, electrically shocked, four times.

Would you agree that failing to call an ambulance when the patient exhibited acute cardiac symptoms was a violation from good and accepted medical practice?

Would you agree that telling the patient to wait in the waiting room for an undetermined amount of time was a departure from good medical care?

Would you also agree that failing to call an ambulance was a clear violation from good medical care?

To learn what happens when a medical expert assumes facts that are not in evidence, I invite you to watch the quick video below...