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Verdicts

BY ALM Staff
April 28, 2012

Doctor May Intervene in Suit Against Medical Center

Because a doctor's interests would not be protected by the named defendant, he must be permitted to intervene in the action. Siemen v. Huron Medical Center, 2012 U.S. Dist. LEXIS 35719 (E.D. Mich. 3/16/12).

The plaintiff is the wife of a man who committed suicide within 24 hours of being sent home from the Huron Medical Center, where the wife had taken him for treatment of his suicidal ideation. Although she asked the medical staff there to give her husband medication (a Proxilin injection) and to transfer him to Bay Medical Center for inpatient psychiatric treatment, they did not do so. Because her husband committed suicide that night, she brought this suit for violation of the Emergency Medical Treatment and Active Labor Act (EMTALA) and for medical malpractice, claiming that the medical center was vicariously liable for the failure of Dr. Nikolai Butki, D.O., and other employees to properly treat and/or stabilize her husband's condition before discharging him. Although Dr. Butki is identified in the body of the complaint, he was not named as a defendant.

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