Professional Malpractice Is it legal for a hospital to have a minor (under 18) examined by a fake ENT doctor/Nurse,

[Butterfly12]

Is it legal for a hospital to have a minor (under 18) examined by a fake ENT doctor/Nurse, or nonspecialist, without letting you know, and even misintroduction that they are a doctor specialist, but they are not, when the referral and upon application contract that has been signed by the primary doctor, was to see a specialist? We already signed the contract at the hospital that we did not want to be seen by researchers, interns, nurse, or student practicing, etc. because our primary care doctor referred us to see a specialist doctor. Otherwise, it wouldn't be a referral

However, the persons who examined the minor at specialist doctor's office in the hospital, where we had the appointment according to the referral, introduced themselves to us as doctors, and they went through the procedures and of making the audiology lab to make the hearing aid device. They said they would call us back in two months to schedule a fitting but never did.

I mean specifically a misrepresentation of credentials, resulting in the delay of receiving proper medical treatment.

When we called back, an administrator said to us there were no comments on our medical record from a specialist doctor. We gave him the names of the persons who we saw and it turns out they were just a nurse and a student intern. We would have to restart the procedure again from the beginning.

 

[cbg]

Okay, let's say for the sake of argument that it's not legal. I'm not saying it is or it isn't, just supposing for now. What do you want to have happen? What outcome are you looking for?

 

[ElleMD]

Patient age has nothing to do with it. It is illegal to hold oneself out as a doctor when not a doctor. Or did you just assume it was a doctor as you expressed you didn't want to be seen by anyone else?

 

[cbg]

I would really love to get the answer to my question, which I have posted on several boards now and which the OP has not answered on any of them.

P.S. It has been pointed out elsewhere that a nurse practitioner is a Ph.D.

 

[ElleMD]

As I stated, if the person pretended to be a MD and was not, it is illegal. If you misunderstood their credentials, it is not illegal. Not all nurse practitioners hold a Ph.D., but many do. Introducing themselves as Dr. Nurse, if one holds a Ph.D. is not illegal. Finding out the credentials of a practitioner is exceedingly easy, especially these days.

I've scheduled more appointments with specialists over the years than I care to think about. When you made the appointment would you not have made it with Dr. Audiologist? If this is a teaching/research hospital, any labs are probably going to be staffed with those who are not MDs. That is the purpose of such hospitals.

 

[Butterfly12]

You did not read my question before you answered. Specialists require special licensing and two years of practicing. Besides that, our referral from a primary care doctor is to see a specialist, not a Ph.D., even assuming if she had a Ph.D.

 

[cbg]

And you STILL have not answered my question.

 

[dee_dub]

Is it legal for a hospital to have a minor (under 18) examined by a fake ENT doctor/Nurse, or nonspecialist, without letting you know, and even misintroduction that they are a doctor specialist, but they are not, when the referral and upon application contract that has been signed by the primary doctor, was to see a specialist? We already signed the contract at the hospital that we did not want to be seen by researchers, interns, nurse, or student practicing, etc. because our primary care doctor referred us to see a specialist doctor. Otherwise, it wouldn't be a referral

However, the persons who examined the minor at specialist doctor's office in the hospital, where we had the appointment according to the referral, introduced themselves to us as doctors, and they went through the procedures and of making the audiology lab to make the hearing aid device. They said they would call us back in two months to schedule a fitting but never did.

I mean specifically a misrepresentation of credentials, resulting in the delay of receiving proper medical treatment.

When we called back, an administrator said to us there were no comments on our medical record from a specialist doctor. We gave him the names of the persons who we saw and it turns out they were just a nurse and a student intern. We would have to restart the procedure again from the beginning.

There are like a bajillion things going on in this question. To disentangle them a little:

1. Forget about the age thing, it's irrelevant.

2. The hospital that you signed a "contract" with might have breached the contract if you didn't get the service they agreed to provide. Without knowing more about the contract, it is impossible to say.

3. Is it "legal" for a hospital to have someone examined by someone who is not an ENT specialist? Absolutely.

4. Is it legal for someone to hold themselves out as a medical doctor and provide medical services when they are not? No, that's practicing medicine without a license. I strongly suspect that's NOT happening here, and you may have misunderstood exactly who this person was and what they were doing. But hey, if you really think someone told you they were an MD and they weren't, go see a lawyer.

5. Even if there was a breach of contract, or someone was impersonating a doctor... as CBG asked, what outcome are you looking for? What are your damages, how were you harmed?