Problem: LACK OF CONSENT AND PATIENT DEATH
Four siblings, in Riser v. American Medican Int'l, Inc., 6 brought a medical malpractice action against Dr. Lang, a physician who performed a femoral arteriogram on their 69- year-old mother, who died due to the procedure. Riser had been admitted to Hospital A experiencing impaired circulation in her lower arms and hands. She had multiple medical diagnoses, including diabetes mellitus, end-stage renal failure, and arteriosclerosis. Her physician, Dr. Sottiurai, ordered bilateral arteriograms to determine the cause of the patient's impaired circulation. Hospital A could not accommodate Sottiurai's request, and Riser was transferred to Dr. Lang, a radiologist at Hospital B. Lang performed a femoral arteriogram rather than the bilateral brachial arteriogram ordered by Sottiurai. The procedure seemed to go well, and the patient was prepared for transfer back to the hospital; however, shortly after the ambulance departed the hospital, the patient suffered a seizure in the ambulance and was returned to Hospital B. Riser's condition deteriorated, and she died 11 days later. The plaintiffs claimed in their lawsuit that Riser was a poor risk for the procedure. The district court ruled for the plaintiffs, awarding damages in the amount of $50,000 for Riser's pain and suffering and $100,000 to each of Riser's children. Lang appealed. The Louisiana Court of Appeal held that Lang failed to obtain consent from the patient. Riser was under the impression that she was about to undergo a brachial arteriogram, not a femoral arteriogram. Two consent forms were signed; neither form authorized the performance of a femoral arteriogram. O'Neil, one of Riser's daughters, claimed that her mother said, following the arteriogram, "Why did you let them do that to me?"
Ethical and Legal Issues
1. Describe how the physician violated his professional duty to the patient.
2. Should the hospital have intervened and prevented the femoral arteriogram? Explain your answer.