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I'm asking because a Neurosurgeon has abandoned his patient, refusing to place another EVD stating the patient is terminal and will ultimately die, however the patient is still very much alert and continues to hang on,  This doctor has stated he can't be forced to do something he disagrees with and the parents of this child can just "sue him", so The Law Office F**** C******* would like to take them up on their offer and sue.

Edited by FindLaw_RE
This post has been edited to remove personal identifying information --Moderator

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So...this firm "would like to take them [sic] up on their [sic] offer and sue" but doesn't know if there's any precedent for doing so?  Seems to me that a smart lawyer would determine whether there's any precedent for such a suit before determining that he would like to represent the would-be plaintiff.

 

Any particular reason you felt the need to post the law firm's name?

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I'm an idiot and wasn't thinking, bottom line I'm researching on my own.  My son has a brain tumor and has three EVD's placed now the Doctor refuses to do a fourth because he believes my son will never regain his faculties.  Can you point me to some case law forcing a doctor to perform a procedure please. 

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Because the doctor of record has tainted the waters so to speak, we asked for a second opinion from two other hospitals and he got on the phone and voice his bias opinion and now they don't want offer an opinion, all the neurosurgeons in the group refuse to assess my son and get involved, you have to be credentialed to operate at this hospital as you do at any hospital.  This group maintains all the surgeon's for Neurology. My son is too fragile to be transferred he currently has an EVD that the doctors refuse to look at, they have essentially abandoned my son's care.

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Hi @Stephan1051

 

Welcome and thanks for your post. So sorry to hear about your son's situation, that sounds absolutely heartbreaking. If you already are working with an attorney, you might as well take steps to exhaust all of your legal remedies if you feel this is the best thing to do. You can simultaneously continue your search for another doctor. It is a shame that your son is too fragile to be transported, otherwise you could seek a specialist from another area.

 

Best of luck!

The FindLaw.com Team

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36 minutes ago, doucar said:

I think you will find that absent immediate death, the court will find that they are perfectly free to find another doctor, if they can find one that disagrees with their current doctor.

 

36 minutes ago, doucar said:

I think you will find that absent immediate death, the court will find that they are perfectly free to find another doctor, if they can find one that disagrees with their current doctor.

Both the Judges of Superior Court and District Court have stated find me some case law that gives me authority and I will rule on this case.

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You need to retain a local attorney.  Folks on an internet message board aren't going to do it (it costs $$ to do it correctly), and it is extremely unlikely that anyone who knows of such authority off the top of his/her head will happen upon your post.

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This is one of those situations that requires an attorney. Even knowing one court has ruled a particular way in particular circumstances does not mean every other court must rule the same. Just for your own purposes, there are a few cases which touch on similar issues.

 

http://www.amednews.com/article/20100517/profession/305179945/7/#minb

Google Terry Shiavo, Sun Hudson, Baby K, and Jahi McMath

 

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Which is why I advised an attorney and only posted it for general education purposes. As in, there have been other cases brought on the subject. What might have happened and how likely the same or similar outcome might be in any other given jurisdiction, is best left to an attorney.

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3 hours ago, RetiredinVA said:

Realize that Betancourt was a New Jersey trial court decision that was subsequently dismissed as moot in the appellate court.  As such it is not binding on any other court anywhere.

 

Not only is it not binding on any court anywhere, it's highly unlikely even to be persuasive.

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On 9/12/2016 at 2:24 PM, Stephan1051 said:

My son has a brain tumor and has three EVD's placed now the Doctor refuses to do a fourth because he believes my son will never regain his faculties. 

Instead of researching how to force a physician to perform a procedure that is designed as only a temporary measure to ease and monitor intercranial pressure and CSF, research the safety and medical studies surrounding your son's tumor and the possible benefit of yet another burr hole insertion of an EVD.  There is a point of diminishing returns....

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