Legal Question in Personal Injury in California

can i be sued for negligence on my part if i am not able to carry out md treatment order. i am therapist who has a client with a pacemaker. md ordered electrical stimulation for client to facilitate movement on wrist. although i am certified to do the stimulation, in my years of training, i have known the fact to be that it is contraindicated for pacemaker patients. I have sought discussion boards and the concensus was that it is a no go. My employer and patient wants me to apply it asap and I dont feel comfortable doing the procedure because of lack of knowledge and training on putting stimulation on pacemaker patient. the cardiologist has written a treatment order yesterday and i would like to know what my rights are....

Asked on 9/11/14, 6:08 am

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I don't understand what this world has come to. Is your phone broken? Why don't you call the doctor who made the treatment order and discuss your concerns?

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Answered on 9/11/14, 6:11 am
Armen Tashjian Law Offices of Armen M. Tashjian

Explain your concerns, risks and alternatives to the patient. After you are done explaining put it in writing and have the patient sign that he understands the risks and is willing to accept them. The patient may refuse to sign which will resolve your dilemma.

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Answered on 9/11/14, 8:28 am
Terry A. Nelson Nelson & Lawless

If you are serious and this is as important as you describe, and you can't resolve it with the prescribing doctor, then document your position and issues in writing to the patient and anyone else involved, advising that you consider it to be improper, and that you can not ethically do the procedure.

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Answered on 9/14/14, 2:04 pm

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