Aegnor wrote:
I don't know whether it is malpractice or not, but I am so pissed at the nurse and the urologist.
So, how big of a struggle do you want?
Advice below with caveat: I am not an attorney.
If you don't care to fight some, call the office. Request to speak to the office manager. Tell them you have a compliance concern that needs dealt with immediately.
Manager may or may not come to the phone, may be busy, etc. Regardless, whenever you do finally talk to the manager, calmly and politely explain the story. Explain that you believe the nurse to have been willfully negligent, and that you'd like an explanation of the practice's call back policies for the physician (because I guarantee that unless you're paying for concierge medicine, the urologist wasn't going to personally take the call, but would instead have called you back). Let the manager explain the policy.
If the policy 1) doesn't exist, or 2) gives nurses the authority to make decisions on their own as to whether to escalate to a physician (or to a mid-level provider such as an Nurse Practitioner or Physician Assistant), politely thank them and decide if you want to contact an attorney for negligent policies.
If the policy exists, doesn't give nurses the authority to make those decisions (and thus the nurse violated it), ask the practice manager for specifics on how they're going to discipline the nurse, and how they're going to follow up with you regarding that discipline. If she says they won't do so, let them know that you'll be contacting 1) your attorney, 2) the state nursing board, 3) the state physician's organization, unless they will discipline the nurse for violation of policy.
You will likely stir up a **** storm in doing any of this, but nurses can't make physician level decisions, it's against their licensure laws to do so. Violating a policy is negligence, doing so willfully is gross negligence. So either way, somebody has done something wrong. All your phone call is trying to determine is who.