Doctor Who Failed Subspecialty Exams Accused in Wrongful Death Case

Doctor Who Allegedly Failed Subspecialty Exams and Gives Instructions in Spanish Accused in Wrongful Death Case

The surviving family members of a woman named Patricia Espinal, recently filed suit against Peter A. Zimmerman, M.D., at Slidell Medical Rehab LLC, Advanced Medical Cares & Wellness Center, their insurer, and the Louisiana Patient’s Compensation Fund in the 24th Judicial Court. The Espinals allege that their mother sought treatment at the Slidell Medical Rehab Center after a work-related injury, which involved periodic spinal injections from November through February 2012. They filed suit after discovering that Dr. Zimmerman, their mother’s treating physician, failed his subspecialty tests and was not board certified or eligible for certification.

Shortly after the spinal injections, Patricia Espinal began to experience severe side effects, including difficulty breathing. The defendants are accused of failing to take into account the safety of others, failing to use proper procedures, failing to use proper equipment, failing to properly supervise the work performed by employees, failing to properly assess the plaintiff, failing to take adequate measures to ensure the patient’s safety and failing to ensure the well-being of the patient. Further, the Espinals assert that their mother only spoke Spanish and that the doctor gave her pre-operative instructions in English only. While medical malpractice claims against a doctor who has allegedly failed a subspecialty exam seems pretty cut and dry, the issue as to whether physicians are required to provide interpreters is a bit murkier.

English-Only?

A study by U.C. Berkeley’s Health Law Program analyzed several medical malpractice claims which brought forth the legal theories of the failure to utilize a competent interpreter, the use of a minor child as an interpreter, and the lack of a translated informed consent form. Increasingly, courts are recognizing the need for a competent interpreter in the provision of medical services.

In hospital settings, Title VI of the U.S. Civil Rights Act of 1964 has been interpreted by courts to prohibit hospitals, physicians, and other healthcare providers receiving “federal financial assistance” from discriminating against patients who do not speak English. While this used to only encompass Medicare Part A programs, 2010 changes in federal law modified federal financial assistance to include “insurance contracts, which would encompass Medicare Part B programs.” The Health and Human Services Office of Civil Rights (OCR) has specified in its guidance a four-part test to evaluate how physicians must fulfill their responsibilities to limited English proficiency (LED) individuals.

  1. The number or proportion of LEP persons eligible or likely to be served;
  2. The frequency with which LEP patients come into contact with the service;
  3. The nature and importance of the services being provided; and
  4. The resources available to the physician and the costs for providing access to LEP patients.

However, private physician offices that do not accept federal funds are not subject to Title VI requirements.

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