After the parents of a child who suffered severe brain damage during delivery in November 2011 filed an Oklahoma medical malpractice lawsuit in October 2014 against the physicians and others allegedly responsible for the child’s injuries, the medical practice that employed the medical malpractice defendants sent notice to the parents that none of the over 600 members of the medical practice would continue to provide care to the child, the parents, or any of the child’s siblings, anywhere in Oklahoma.
The medical practice contends that it would be unethical for any of its many physicians to continue to provide care to the child, including pediatric specialists who presently provide care for the brain-injured child, after some of its member physicians were sued for medical malpractice by the parents.
The parents filed their request for an injunction and emergency restraining order against the medical practice on September 29, 2015, alleging the medical practice’s punitive and retaliatory action in terminating care, seeking up to 90 days to give them time to obtain alternate medical care. A hearing on the plaintiffs’ request for an injunction is scheduled for October 16, 2015.
The filing of a medical malpractice lawsuit leading to the entire medical practice of the medical malpractice defendants terminating medical care for the injured patient is not uncommon. The situation may not be problematic for the injured patient if the medical malpractice defendant is an individual or is a member of a small medical practice; however, the situation may be disastrous for the injured patient and his/her family if the medical practice is large, encompasses many medical specialties, and/or is the only medical practice providing care in the patient’s community.
In the Oklahoma case, the medical practice states on its website: “With more than 600 doctors, OU Physicians is the state’s largest physician group and encompasses almost every adult and child specialty. Many OU Physicians have expertise in the management of complex conditions that is unavailable elsewhere in the state, region or sometimes even the nation. Some have pioneered surgical procedures or innovations in patient care that are world firsts. About 175 of these doctors are OU Children’s Physicians. The majority of them are board-certified in children’s specialties, and many provide pediatric-specific services unavailable elsewhere in the state. Many children with birth defects, critical injuries or serious diseases who can’t be helped elsewhere come to OU Children’s Physicians. Oklahoma doctors and parents rely on OU Children’s Physicians depth of experience, nationally renowned expertise and sensitivity to children’s emotional needs.”
Obviously, the parents of the brain-injured Oklahoma child, as well as the child himself and his siblings, will suffer irreparable harm if the entire medical practice is allowed to refuse to provide them medical care in the future. The Oklahoma parents should not be faced with the Hobson’s choice of forgoing justice and fair compensation for their child’s injuries in order to obtain necessary and proper medical care for themselves and their family in Oklahoma.
If you or a loved one suffered a birth injury in Oklahoma or a birth injury in another U.S. state, you should promptly find an Oklahoma medical malpractice lawyer, or a medical malpractice lawyer in your state, who may investigate your birth injury claim for you and represent you in a birth injury case, if appropriate.
Visit our website to submit a short, secure form, or call us toll-free in the United States at 800-295-3959, to find birth injury lawyers in Oklahoma or birth injury lawyers in your state who may assist you.
Turn to us when you don’t know where to turn.