Many physicians in Alaska sighed with relief this summer when a jury for the second time ruled in favor of Anchorage general surgeon James O’Malley, finding that O’Malley “had given enough information to patient Vicki Marsingill over the phone for her to make an informed decision about whether to go to the hospital emergency department. Marsingill experienced complications after she decided not to follow Dr. O’Malley’s advice.” An initial verdict in Dr. O’Malley’s favor was thrown out because of improper jury instructions. The case raised questions about how forcefully doctors are expected to respond when counseling a potentially noncompliant patient to seek treatment. In Alaska, a state where consultation-by-phone is common given the great geographical distances, the case also “sparked debate …over how much information doctors should give patients over the phone and how much responsibility falls to patients. Some physicians have stopped taking phone calls after hours and instead instruct patients to go to an emergency department or call 911.” (Tanya Albert, “Alaska physician wins case on ignored medical advice”, American Medical News (AMA), Jun. 7; “Alaska bill offers immunity when advice is ignored”, Mar. 22-29; more on case).

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