"SORRY DOCTOR, I PLAN TO SUE YOU!"
／Clement Yeung
It was the beginning of a new week and William was among the first
patients to be seen for follow-up at the office.
William has been under my care for over ten years. When I first
saw him in the hospital, he was gravely sick with diffuse inflammation
of the pancreas. Being a social drinker, he denied excess use of alcohol.
He was running a high temperature for weeks despite heavy doses of
antibiotics. Intermittent abdominal pain also made him extremely
uncomfortable. The ultrasound showed a large cystic mass in the
pancreas which is known medically as a pseudocyst. He was quickly
wasting away. With the cystic inflammation of pancreas, he began to
lose functioning of the organ and developed diabetes due to inadequate
production of insulin from the pancreas.
I still remembered we held regular conferences with the surgeons,
with his family present, discussing the best plan of action. There was
no easy answer. We could not simply remove the cyst without causing
more damage to the pancreas. The chief surgeon made the comment that
surgery would be the last resort. We all understood what he meant.
Then one Saturday evening, his condition suddenly deteriorated.
His blood pressure dropped to dangerously low levels and he became
delirious with spiking fever. The medical team had a quick impromptu
meeting and we knew we had to rush him to the operating room and to
take our chances. His family was notified and told about the gravity
of the situation.
It was a difficult operation and he bled quite a bit. We had to
give him blood transfusion during and after the surgery. He was kept
in the intensive care unit postoperatively for close monitoring. The
family was aware that all possible steps had been taken to save his
life.
He surprised us by recovering at an above average speed. Though
he continued to require antibiotics, parenteral nutrition, insulin and
around the clock nursing care, he made steady progress. After spending
a fortnight in the unit, he was moved to the regular medical ward.
During the recovery period, he and his family were most thankful
for all the efforts we had put in to save his life. When he was finally
ready to go home, he shook our hands and thanked us "for the extra miles"
we had taken during the difficult period. His family told us that they
would be forever grateful.
William continued to do well with the daily use of insulin and
careful dieting. He came in for regular follow-up, often bringing some
flowers or chocolate to express his gratitude.
"William, nice to see you again. Wow, we are soon coming to the
10th anniversary of your operation!" I glanced at his chart with a deep
sense of satisfaction.
William did not look at me. He bowed down his head, with a letter
in his hand.
"Is there something wrong?" I was puzzled.
"They just found out that I have hepatitis C..." he whispered.
"Who are they?" I asked.
He showed me the letter. It came from the Red Cross. They had been
dong follow-up of all patients who received blood transfusion some
years ago and found that William's blood test was positive for hepatitis
C. He was devastated.
"They arranged a meeting for those of us that had been found
positive. During the meeting, someone mentioned that we probably should
take legal action against the hospital and all the doctors involved.
Sorry doctor, I plan to sue you!"
I could not believe my ears.
"But we saved your life. Even if we had known then that the blood
was contaminated, we would still have no choice but to use the blood
products because your condition was so urgent. If a similar situation
occurs again, we would take the same steps." I tried to reason with
him. "What did your family say?"
"They are still grateful for what you people did but they are also
favoring legal action."
"So you want to sue us for saving your life..." I was trying to
grasping the meaning of our conversation.
He sadly left my office.
What a way to start my new week!
Later, I discussed the situation with the surgeon involved. He was
visibly upset. We both were advised to talk to our lawyers.
"The first step you should take is to inform William to find another
doctor." That was the advice from my lawyer.
"But why?"
"Why? This must be your first court case. You should never take
care of anyone suing you. Anything you do or prescribe will be viewed
with suspicion."
"I would never do any harm to him..." was my reply.
They must have found me hopelessly naive.
When William found out from my secretary that I could no longer
be his doctor, he was stunned.
"Can you not give me some time to think about the situation?" he
requested.
"Not according to the lawyers."
"So what do I do without a doctor to take care of my condition?"
he asked.
"Find someone else who is willing to take over your care and our
office will forward your records to him" That is standard practice.
"Please give me some time to think over all these," he repeated
his request.
Several days later, I received another letter from William's lawyer,
stating that William had changed his mind and decided to withdraw any
court action against myself and the surgeon. I was quite relieved.
Quickly I notified my lawyer.
He sensed my elation but cautioned me not to let down all my guards
yet.
"What do you mean?" I thought that the case would be closes and
it would be business as usual. The lawyer again warned me not to resume
care for William.
"Why not?" I was puzzled.
"He may change his mind again and sue you in the future still."
I knew I could never overrule such legal advice otherwise the
malpractice insurance company would not back me up in court.
I have not seen William since. Recently, I found out from the
newspaper that he was doing well in the business world, getting one
promotion after another. I am happy for him.
The other day, just before a dinner meeting, someone said grace
and included these words. "Lord, we thank you for the food before us.
Make us truly thankful! Amen."
For William to be truly thankful, may be it should have included
not to sue his doctors who saved his life.
