Findings of Fact, Conclusions of Law and Judgment - Workers ...

12 In his deposition, Dr. Dacre testified that at some point, he and Dostal discussed
the possibility of her treating with either Dr. McDowell or Steven Rizzolo, M.D., who
were available for appointments closer to Stanford, but Dostal preferred to continue
treating with Dr. Dacre. 12 Dr. Dacre added that it is not always easy to transfer a patient,
and it is “generally frowned upon” to transfer a patient who is in the midst of treatment.
He explained:
So patients don’t – number one, they’ve established a provider that they
either get along with or feel is treating them appropriately, and it becomes
very difficult for them to, number one, wish to switch.
And number two, another physician may have a bit of a different plan. It
may not always necessarily agree with what you’ve done. And it makes
them hard to take – take the liability for that.
. . . .
[F]rom my perspective as a treating physician, I have initiated treatment;
it’s my duty to carry that through. . . . 13
13 Dr. Dacre testified that it is appropriate practice for him to follow patients whom
he has operated on and he would generally not transfer a patient to another physician,
even one within his practice, barring extraordinary circumstances. He explained that
the operating physician would have the best knowledge of the patient’s condition. 14
Dr. Dacre further testified that patients in the midst of treatment are not generally
transferred among surgeons. 15
14 On February 1, 2010, Dr. Dacre found that Dostal had a solid fusion, but that she
needed to continue using prescription medications. Dr. Dacre opined that Dostal could
return to some form of work with a lifting restriction. Dr. Dacre recommended that
Dostal follow up with her primary care physician for her prescriptions, but noted he
would continue to see her on an as-needed basis. 16 At the time of trial, Dostal had not
treated with Dr. Dacre since the February 1, 2010, appointment. 17
12 Dacre Dep. 75:19 – 76:3.
13 Dacre Dep. 76:19 – 77:15.
14 Dacre Dep. 30:14 – 31:9.
15 Dacre Dep. 70:2-13.
16 Ex. 3 at 206.
17 Trial Test.
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