MovieChat Forums > Emily Owens M.D. (2012) Discussion > Could Will Have Been Sued For Malpratice...

Could Will Have Been Sued For Malpratice ?


last nite's episode was the series not the season finale so this is
a mute point. but will someone explain to me what happened with the
lady who dies of a heart condition that Will apparently didn't catch.
i am confused as to what exactly the condition was and whether her
partner could sue Will for malpractice.

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He probably would have been if there was going to be another season.

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Her chart didn't disclose that she was on antidepressants. I think she only disclosed that to Cassandra. So Will's treatment only took her condition into account as opposed to the medications she was on. Something along those lines.

Pretty sure he would have been sued. Wasn't Micah sued for something less a few episodes ago?


Richard Rickman is a respected therapist. Rick Rickman will sell you a used Grand Cherokee.

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Moot...not mute. And any doctor can bue sued for malpractive regardless of whether he screwed up.

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I believe as an intern, he's immune from medical malpractice as he's not on his own, and is under contract to the hospital as an employee.

Furthermore, since her medication was not on the chart, and it was only referenced in a conversation to Cassandra, then, not even the hospital could be sued for that part of the error.

Sure, people sue for "mistakes" all the time -- but -- she still had a heart condition. Additionally, Long QT syndrome is congenital, and unless it had been diagnosed earlier, the doctor treating her is not really culpable.

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It might depend on the laws in the state, in this case Colorado. I know that in NYS, many years ago, at least, anyone could bring a lawsuit for any reason, and the defendant had to answer it. Once the suit was brought, however, a judge could throw it out for being a nuisance or trivial. In some states, just cause for a lawsuit has to be shown before the suit is brought.

So, if the question is simply, could Will be sued? in thase broadest sense, yes. If the more general question is, would he have lost? That would depend a great deal on the lawyers involved, how hellbent the family was, and once before a judge, which way the judge usually leans in such cases.

The truth is, most lawsuits like this don't make it to court. More often than not, they are settled first. In this case, if Julia decided to sue, the hospital attorneys would offer a monetary settlement, then the dollar amount would be negotiated back and forth. Only rarely then would a plaintiff continue to want to sue, unless what they're really after is an admission of guilt on paper.

neat . . . sweet . . . petite

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Essentially, Will failed to follow the medication reconciliation process. However, if the case was filed, whomever did intake would be the one at fault for not properly charting it. So really, Cassandra could easily take the hit on that one.

I work in medical malpractice in Louisiana, so I can't speak for every state, but here a suit could definitely be filed. The suit would name Will, Cassandra, Micah and/or Bandari (whomever was the attending doctor), and Danvers Hospital.

The most likely event would be that Danvers Hospital would be the only one found at fault. Will, given the information in the chart, ordered mediction fitting of the patient's condition. The biggest charge they have against Will is missing the QT diagnosis. Missed diagnoses are very hard to litigate successfully, as the doctor (Will in this instance) did not cause the condition. The patient had it already.

There's a good argument that Cassandra breached the standard of care by not charting the depression meds. However, in keeping with her character, she would not admit she knew about the meds in a lawsuit. And I doubt Will would have the moxie to testify that Cassandra knew.

Micah/Bandari would only be held accountable if one of their interns was found at fault.

Generally, staff of a hosptial (intake nurse or admissions) are the ones who get the patient history, including medication use. Whomever did the intake failed to ask about the medication or failed to chart it. That person would be consider "at fault" for failure to follow medication reconciliation protocol. When a non-phyisican hospital employee is at fault, the hospital itself is the guilty party.

Long story short, there likely is a medical malpractice claim, but it would probably only be successful against the hospital.

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Yes, it would've been. And even though he was an intern, yes he could've been sued. But as the above poster stated..money would only come out of suing the hospital.



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