A Serious Liability

After shaving, a guest at the Ramada in Beverly Hills reached for a hairbrush and struck his nose on a clothes hook with enough force to bring tears to his eyes and blood to his nose. He noticed that the hook had been installed at nose level -- clearly a poor design decision and dangerous. A hotel that tolerated such an unsafe condition was irresponsible and perhaps legally liable. The guest was, of course, a lawyer.

As I entered the general manager’s office, the guest interrupted a harangue as we exchanged introductions.

This was awkward. My sole obligation is to my patient, but it was obvious the manager wanted help in fending off the furious guest. When I suggested privacy for our consultation the guest told me to take care of things on the spot.

Young doctors love to blurt out a diagnosis as soon as the patient walks through the door (which is possible more often than you think). Not only do patients find this offensive, they don’t believe it, so doctors learn to give the impression they are thinking deeply before announcing an opinion.

I examined the nose from several angles. I carefully palpated it. I pulled out my otoscope and peered up his nostrils. Finally I announced that he had suffered a nasal contusion that, fortunately, had done no harm. He needed no X-ray, no treatment. He could go about his business.

According to the law, a person has no grounds to sue unless he has suffered damage, but a competent lawyer can discover damage in any situation. I doubt visions of profit had brought the guest to the manager’s office. He was upset at his pain and wanted sympathy. The manager had offered to comp the guest’s bill but had maintained his dignity when a humble apology would have worked better.

Still fuming, the guest asked my opinion of the danger in installing clothes hooks at precisely nose level. I agreed the matter deserved attention but added that noses come at many levels.

Listomania

I once made sixty to eighty visits per year to the Crowne Plaza at the airport. Then they dropped to about five.

During a recent visit I noticed a printed handout on a bedside table, a long list of clinics and doctors which the reader was invited to peruse. Given a list, guests tend to call the first number first and then work down. My name was sixth.

When consulted, hotel lawyers always forbid staff from recommending a doctor. Should a guest ask for help, they insist, an employee should silently hand over a list, the longer the better. In this way, when the guest sues the doctor, he or she won’t sue the hotel. Lawyers admit that this doesn’t work, but they can’t help themselves. 

Told to make up a list, employees take the easy route by consulting the internet where they find clinics, local practices, and entrepreneurial physicians who charge spectacular fees. They won’t find me, so it’s a crapshoot where on the list I’ll end up.

Having produced the list, management forgets about it. Lists always contains doctors and clinics that don’t make housecalls. As time passes, some numbers no longer work; for the rest, guests who want to speak to a doctor end up speaking to an answering service or receptionist.

It might take years for calls to return to normal, but I am patient. 

Suitophobia, Part 2

The only American doctors who don’t worry about malpractice suits are fresh out of training. They believe that practicing good medicine will keep them safe. Once they are sued, they join the worriers.

Fifteen percent of surgeons are sued every year. It’s twenty percent for high-risk subspecialties like neurosurgery and cardiac surgery. Family doctors like me do better -- only five percent per year. This means that every doctor is sued sooner or later. Mostly we win, and almost no one pays a penny even if we lose, but it’s a miserable experience. I work hard to find material for this blog, but you’ll never read about my suit.

One reason doctors are sued for malpractice is malpractice, but plenty of other reasons exist.

Hollywood generally presents doctors in a good light, but in the dozen or so movies about medical malpractice, the doctor character is always evil. Hollywood generally presents lawyers in a bad light, but in those same movies about malpractice, the victim's lawyer is always the hero. 

I once wrote a courtroom drama about a surgeon who was committing malpractice – doing hysterectomies strictly for the money. But he had a pleasant personality, so patients liked him (in the movies these doctors are always sleazy); he was a skillful surgeon, so there were no pitiful victims to testify, and he had a smart lawyer, so he won. I thought the story was deliciously ironic, but the number of editors who agree is holding steady at zero.

Suitophobia

“I’m Doctor Oppenheim….”

“Welcome to the Intercontinental, Doctor Oppenheim. Are you checking in?”

Damn. Another employee who doesn’t recognize me. This happens in hotels that have called for decades. Who knows what she’ll tell a guest who asks for help?

I don’t market myself, but years ago I decided to hand a copy of my latest book to general managers of my regular hotels and explain, modestly, that writing allowed me free time to serve their guests. They listened politely, made flattering comments, and went back to work. It was clear many had no idea who I was. My tenth visit, to the downtown Hilton, was my last. 

“What do you mean ‘serve our guests?’” snapped the GM. “We don’t have a hotel doctor. We don’t want a hotel doctor. You’re going to get a letter from our lawyer!” He snatched my book and marched off. I was a familiar figure to Hilton staff, having made over 100 visits, but I never made another.

That was my first encounter with the epidemic of suitophobia that rages among hotel managers, compelling them to forbid staff from helping sick guests except by getting them off the premises. At any given time, about ten percent are affected. Most recover after a few years, but in the meantime both guests and hotel doctors suffer. I made over 600 visits to the J.W. Marriott in Century City before calls abruptly stopped. I learned the reason from concierges who swore me to secrecy when they snuck me in to see a particularly demanding guest.  

When the General Manager Consults the Lawyer

The concierge expressed relief when I answered. A lady’s 11 year-old son was seriously ill, but the mother had refused to take him to an emergency room. She had been pestering the hotel staff all day.

“What’s the problem?” I asked. “You only had to phone me.”

I’d made over 300 visits to that hotel since the 1990s. But even as I spoke, I remembered that it hadn’t called in six months. As I feared, the concierge explained that a new general manager had decreed that, for liability reasons, sick guests would be directed to the local emergency room unless calling 911 was appropriate. Doctor referrals were forbidden.

At any given time, about twenty percent of Los Angeles hotels have this policy, but it’s never the same twenty percent. Hotels adopt and then discard this rule because it causes public relations problems. Most guests don’t require 911 and don’t want to go to an emergency room, so they stay in the hotel, sick and resentful. A few persistent guests make so much trouble that, as in this case, a desperate employee disobeys her boss. I’ve made a dozen such visits.

Calling me would have saved everyone trouble. The child had a fever and a bad cough, a routine viral infection. It was an easy visit.

Afterward, as I was commiserating with the concierge, my phone rang with an example of how things are done right. A man at the Langham in Pasadena wanted a doctor to check out his cold. I told him I’d arrive in 45 minutes.