Medical Malpractice My surgeon has an urgent medical decision & NYU won't let him see my test results

rocklin

New Member
Jurisdiction
New York
Hi,

I have peripheral artery disease in both my legs, which gradually blocks the arteries of my legs, causing me pain after walking a short distance.

In the last two weeks, one leg has become much worse, reducing the distance I could walk without stopping from 50 feet to about 10.

This means my disease is almost blocking a major artery in that leg, and I am risking serious consequences including amputation if this blockage is not surgically managed in time.

MONDAY, April 19th: On the advice of my regular cardiologist, I booked immediate consults with two cardiology interventionalists (surgeons) — one at NYU and one at Columbia.

TUESDAY: I underwent an ultrasound scan of my leg at an NYU facility. Like a submarine using sonar, an ultrasound produces images of the exact location and severity of the blockages in my artery, giving me a good visual understanding of what is happening, and helping inform my prospective interventionalist what surgical approach and tools needs to be considered

I completed the ultrasound scan at 11.31 am as per the written report. The lead sonographer (who did the scan) assured me that all my test results would be posted to NYU's medical web portal later in the day.

A few hours later, his written report was posted to the web portal, but his medically standard "graphical representation" — basically a simple hand drawing of my blocked arteries—was not posted.


1-s2.0-S0039606014001299-gr1.jpg


sample ultrasound graphical report

WEDNESDAY: I had a 2:25 pm telemedicine consult with the NYU interventionalist, reviewing what surgical approach he expected to take. He seemed to have access to the graphical report, and it was frustrating that I didn't have one so I could follow along. He ended by telling me that my situation was urgent, and that he could schedule me for a catheterization procedure within a week's notice.

I told him that I had a second telemedicine consult scheduled for this Tuesday morning (April 27th), and wanted to make my decision then. We agreed that if my leg became markedly worse at any time, I would go to the emergency room.

Two hours later, I noticed that the ultrasound graphical representation still hadn't been posted. I called the NYU facility and left a message asking that the sonographer post them as soon as possible, since I had to forward a link to them to my second consulting doctor (at Columbia), who wasn't part of the NYU ecosystem.

THURSDAY: Having received no reply of any kind, I called the facility again both in the morning and then in late afternoon, detailing to the receptionist what was happening and asking for help.

FRIDAY MORNING, 9:30am. With no reply and no change to the portal, I called yet again, emphasizing to the receptionist how important this was. She connected me to sonographer's voicemail, and I left him an unambiguous message, asking him to please do what he had promised to do three days ago.

Three hours later, when I received no reply by 12.30 pm, I called reception again and said that unless I spoke to the sonographer right now, I was physically walking over to the facility, just a city block away, to collect the report in person.

Ten minutes later, the sonographer was on the phone. He said that his graphical report was "preliminary" and as such, not available to me. He said this preliminary report was currently available to the NYU doctors on the portal, as they had special access. He apologized but said there was nothing he could do.

Later that day, Googling and trying to figure out what to do, I discovered the "21st Century Cures Act," and the "Open Notes" bill which mandates that via a web portal, consumers will be able to read all notes produced during a visit to the doctor's office, as well as view all test results and the comments of those doing the testing.

This web portal posting is to be done instantly and automatically, so quickly in fact, that it's possible for the patient to have access to his test results before his doctor does.

Clearly, that's not happening in my case.

I've considered emailing NYU's general counsel with this matter, but I'm not at all sure what my best course is, i.e., should I involve a lawyer, what he/she likely could do and how quickly, etc.

My upcoming interventionalist's appointment is for this Tuesday, 9.30 am.

Any and all help is greatly appreciated.
 
Nothing will be happen between now and Tuesday at 9:30 am.
 
Nothing will be happen between now and Tuesday at 9:30 am.

Zigner, thanks for your prompt response. I know it's not a legal judgement, but as someone experienced in resolving disputes, possibly with corporate types, do you think I have no shot, even if I sent NYU's main board members emails this afternoon (hoping that some of them read their emails on Sunday), and then follow up with phone calls to them at 9 am on Monday?

It does seem that this individual sonographer is unaware of these new federal rules, which went into effect a week ago, so it's not just a two-party dispute.

All I need is one sympathetic —or ass-covering — ear.

But let's say that approach fails. If I had a lawyer on 10 am Monday, and he decided to try to get an emergency court order, how long should that process take?
 
But let's say that approach fails. If I had a lawyer on 10 am Monday, and he decided to try to get an emergency court order, how long should that process take?


The LAST thing anyone needs to do is file a lawsuit during the days of "the novel" Covid-19 plague. No one can say PRECISELY how long an emergency hearing would take, but by the time it occurs, one could say weeks NOT days over hours!

I suggest you allow your physicians and surgeons to access the materials you desire to see, and request that one of them forward you a copy of the drawing.

Frankly, as an osteopathic physician and attorney, why does this matter so much?

What seems to be bothering you is nothing more than some child-like representation of your medical issues. The sonogram is far more revealing than someone's interpretation of the actual sonogram. Some battles aren't worth starting, especially when your medical battle is far more life changing.
 
army judge said:
I suggest you allow your physicians and surgeons to access the materials you desire to see, and request that one of them forward you a copy of the drawing.
Too obviously the reasonable, intelligent thing to do.

army judge said:
Frankly, as an osteopathic physician and attorney, why does this matter so much?
I don't fully remember. Your answer was a like a "zen slap" to my face, pulling me out of the enraged-bull-charging-a red-cape mode I was in.

In a more reflective moment, I'd guess it's a way of not having to think about what I really need to think about.

Thank you, army judge.
 
In a more reflective moment, I'd guess it's a way of not having to think about what I really need to think about.

There you go, your head is once again positioned on your body and functioning properly.

You are most welcome, mate.

I suspect your issues are going to be addressed by some capable, qualified, experienced physicians/surgeons.

You already appear to have faith and confidence in the medical team that will soon address the maladies you are enduring.

Now all you need to do is heed the advice your medical providers will be giving you to heal yourself and return to some semblance of an otherwise, normal life.

Time, love, rest, reflection, and medical science exist to help us back to some level of comfort and normalcy, post any negative medical maladies.
 
Coda:

SUNDAY at 3 pm, I did PM my NYU cardiologist, asking him if he could send me a screencap of the image since I have a meeting with a Columbia interventionalist, and I'd like both of us to be able to refer to the image. I mentioned none of the other issues, calls to the sonographer, etc. I also asked for a change in one of my drug dosages.

He replied via PM two hours later with this one sentence: "All set", and I was quite happy.

MONDAY at 9 am: Checking my pharmacy, I see he's changed my drug dosages as promised, but no images uploaded on my NYU patient portal.

I check back with the portal every 2 hours until two PM, then decide to take a shot with a very short email to NYU's general counsel, saying I believe the NYU sonographer has violated the 21st Century Cures Act, and that I need the image for my consult tomorrow morning.

An hour later the image was posted to the web portal. No email from the general counsel, so I don't know if she was responsible, or if it was just coincidence.

Thanks to all the helped me in this thread . . . do you mind if I show a little leg?

;)


image.png
 
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