Failure to Treat Emergency Department Patient

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FAILURE TO TREAT EMERGENCY DEPARTMENT PATIENT
Emergency services are very critical to saving patients' lives in hospitals. The denial can result in devastating consequences and even death of patients. They are also referred to as ambulance services or paramedic services, and they treat injuries and illnesses that need an urgent medical response. All doctors, nurses, and physicians must give maximum attention to emergency services since the patients brought to the division are usually in critical condition and breathing their last if medical attention is not accorded. This essay will focus on denying emergency services to a patient, resulting in death and subsequent suing of the hospital and physician involved.
The case was presented in court by Mrs. O'Neill, the plaintiff, against the hospital Montefiore and its physician Dr. Graig for failing to provide her husband, Mr. O'Neill, with emergency services since he was seriously ill and encountered shortness of breath. The defendant in the case was Montefiore hospital and Dr. Graig (Chaou, Chung-Hsien, et al., 2017). The lawsuit was filed at New York law courts, where the trial court dismissed both applicants. They appealed the New York Supreme Court decision at the Appellate Division, which eventually settled the matter.
The nature of the complaint was both negligence and intentional tort. Negligence is that the doctor acted below his professional standards of expected behavior the law provides in protecting patients from unreasonable harm risk. This is because another physician would not have performed similar to him, given the laws binding them in their profession as doctors on emergency cases. Also, it is an intentional tort since the doctor was told of the repercussions of the patient not getting immediate treatment and still proceeded in telling him to come back at 8:00 a.m.
In this case, Mrs. O'Neill's complaint is very accurate. She argues that her husband's death was necessitated by the professional misconduct of the HIP physician, Mr. Graig. She claims that the lack of emergency care provided to her husband precipitated his death, and the hospital should be held liable, together with the physician. She says that her husband told the physician what he suffers from and the short time frame for him to live, which amounted to the examination, but the doctor insisted him to come back at 8:00 a.m.
The defendant, Dr. Graig, and the hospital responded by saying that he had offered to see the patient, Mr. O'Neill, but he objected and said he wanted to see another HIP physician in the morning. Although this was his say in the hospital, it was not verified as the plaintiff and her husband went back home when the physician did not allocate time to see them.
The evidence presented in court for this particular case was based on the phone conversation between Mr. O'Neil and the doctor, Dr. Graig (Matsue, Yuya, et al., 2017). Through the phone call, Mr. O'Neill explained to the doctor his symptoms and argued that he needed to see a doctor immediately as failure to do so would result in death. The insistence of Mr. O'Neill that he would not survive until 8:00 a.m., the time he had been requested to come back, was a clear indicat...