Patient sues CHC, doctor over finger operation complication

A patient has sued a doctor and the Commonwealth Health Center over the failed operation in his finger.

Deng Hong Li sued Dr. Thomas Austin and CHC for breach of contract, breach of fiduciary duty, and breach of covenant of good faith and fair dealing.

Li also sued Austin for lack of informed consent, and breach of loyalty and faithless servant.

The plaintiff, through counsel Robert H. Myers Jr., asked the Superior Court to order the defendants to pay him damages, attorney’s fees, and court costs.

Saipan Tribune tried but failed to contact Dr. Austin.

Myers stated in the complaint that Li was involved in an automobile accident on May 12, 2007 in which emergency medical services personnel transported him to CHC for injuries to his ribcage plus bleeding from nose, left hand, and right arm.

A Chinese translator was located and brought to help the emergency room physician while examining Li.

Li was told that he had a fracture to the left little finger and discharge instructions were given as well.

Myers said the emergency room physician referred the plaintiff to Dr. Austin in one to two days.

Plaintiff was given medication and CHC discharged him with instructions to return right away if he experiences worse chest or abdominal pain. He was instructed not to do lifting.

Myers said Li attempted to see Dr. Austin but CHC told him that he was then unavailable or off-island and asked him to return on May 15, 2007.

Li returned to CHC’s emergency room on May 15, 2007 as he was experiencing great pain in his left hand and finger.

Myers said CHC cleaned the wound area of Li’s left hand.

The lawyer said that on May 24, 2007, Austin performed an operation on Li’s left finger and released him the same day with instructions to return for review in an outpatient clinic in five days.

Before the operation, Myers said, the doctor and CHC did not explain the proposed operation to be done and did not provide him with a Chinese translator.

On May 29, 2007, Li returned again to CHC’s emergency room because was then experiencing tremendous pain in his left hand and finger.

Myers said Austin and CHC just cleaned the wound area of Li’s left hand and finger, and instructed him to return in one week.

When Li returned on June 1, 2007 at the emergency room as he was still experiencing great pain in the left hand and finger, Austin was not available or was off-island. CHC cleaned the wound area again and instructed him to return the following day.

Myers said that, on June 4, 2007, plaintiff returned to the emergency room, but Austin was unavailable or off-island. CHC noted an infection and cleaned the wound area. Li was instructed to come back in one week.

On June 11, 2007, Li returned to the emergency room, but Austin was not available or off-island.

Finally, Austin attended Li on June 22, 2007 and later on June 25, July 2, and July 10, 2007 in which the doctor cleaned the wound.

On Sept. 14, 2007, Li visited the Marianas Medical Center because he was still experiencing tremendous pain in his left finger.

Myers said MMC determined that the left little finger had fused together and informed him that he required hand surgery to possibly repair the fused finger.

Myers said MMC noted that there is no surgeon at CHC for this type of procedure to fix the fused finger.

The lawyer said Austin improperly undertook to treat Li’s injured finger without the informed consent of the patient.

Myers asserted that CHC and Austin breached their duties in that CHC or Austin, or both, failed to adequately inform Li, as the patient, that due to his injury, he was at a higher risk for certain complications of the procedure.