For example, the patient plaintiff in Stoick v. Caro Community Hospital brought a medical malpractice action against a government physician alleging the physician determined that she was having a stroke and required hospitalization but refused to hospitalize her. The plaintiff's daughter-in-law called the defendant, Caro Family Physicians, P.C., where the patient had a 1:30 p.m. appointment. She was told to take the patient to the hospital. On arriving at the hospital, there was no physician available to see the patient, and a nurse directed her to Dr. Loo's clinic in the hospital. On examination, Loo noted right-sided facial paralysis, weakness, dizziness, and an inability to talk. He told the patient that she was having a stroke and that immediate hospitalization was necessary. Loo refused to admit her because of a hospital policy that only the patient's family physician or treating physician could admit her. The plaintiff went to see her physician, Dr. Quines, who instructed her to go to the hospital immediately. He did not accompany her to the hospital. At the hospital, she waited approximately 1 hour before another physician from the Caro Family Physicians arrived and admitted her. Loo claimed that he did not diagnose the patient as having a stroke and that there was no bad faith on his part.

The court of appeals reversed, holding that the plaintiff did plead sufficient facts constituting bad faith on the part of Loo. His failure to admit or otherwise treat the patient was a ministerial act for which governmental immunity does not apply and might be found by a jury to constitute negligence.

Discussion Questions

1. Discuss the legal and ethical issues in this case.
2. If you were the chief executive officer, discuss what action you would take to prevent similar occurrences in the emergency department. Please be detailed in your explanation, include reference and in-text citation