Dec 7, 2020
In this episode, attorney Earl Schurmer talks about a medical malpractice case he tried in the 90s with both terrible facts and a horrible outcome. In essence, an infant is taken to the hospital unresponsive after suffering a skull fracture at the babysitters. The emergency room doctor violates the hospital’s own protocols by not only failing to order a CT scan but actually rescinds the order for an unexplained reason. It is ultimately discovered that because of a contractual arrangement between the hospital and the HMO, ordering CTs often ate into the hospital’s profits, so it was alleged that the reason a CT wasn’t ordered was solely for the purpose of putting more money back into the doctor and the hospital’s pocket. Despite numerous theories against the hospital that bordered on gross negligence, the case was lost at trial.