Showing posts with label medical malpractice. Show all posts
Showing posts with label medical malpractice. Show all posts

Wednesday, June 18, 2014

Kaiser takes seven months and four doctors to diagnose a broken ankle

Man claims Kaiser Permanente staff misdiagnosed his broken ankle for seven months, sues for $49,900
Aimee Green
OregonLive.com
June 16, 2014

A man who says he broke his ankle while playing soccer is suing Kaiser Permanente for nearly $50,000, claiming various medical staff repeatedly told him he only had a sprain -- and his fracture went undetected for seven painful months.
A Kaiser spokesman couldn’t offer an immediate comment Monday. But according to Andrew P. Newcomb’s lawsuit, Newcomb went to Kaiser’s Tualatin medical offices on Nov. 9, 2011, seeking treatment for an injury he suffered during an indoor soccer game. The next day, he was given an X-ray and physician assistant Jeffrey Myers told him his ankle was not broken, the suit states.
“...Myers diagnosed plaintiff Newcomb as having a ‘severe sprain,’ and recommended rest, ice, compression and elevation of the foot, and Advil, up to 500 mg twice a day with food,” states the suit, filed Friday in Multnomah County Circuit Court.
According to the suit:
  • Two and a half months later, Newcomb’s ankle continued to bother him -- causing him to limp and use crutches. So he made another visit to the Tualatin medical offices. Dr. Louis H. Liu ordered an MRI and recommended physical therapy after diagnosing Newcomb with “arthralgia” -- commonly known as joint pain -- of Newcomb’s ankle or foot.
  • Two months later, when his ankle had still not improved, Newcomb went in again and Dr. Christopher Jason Rae, an orthopedic specialist at Kaiser, diagnosed Newcomb with a sprain.
  • More than one and a half months later, Newcomb’s ankle still ailed him. So he spoke to Rae, who ordered an MRI and again diagnosed Newcomb with joint pain.
  • Less than two weeks after that, Newcomb’s ankle was still hurting so he saw Dr. Kimberly Workman, a Kaiser orthopedic specialist, who looked at Newcomb’s November 2011 x-ray and diagnosed him with a “closed fracture foot, talus." It was June 13, 2012, and more than seven months had passed since Newcomb had been injured.
Newcomb underwent surgery to repair his ankle and after some physical therapy, his ankle recovered, the suit states.
Newcomb seeks $3,500 for medical and care costs and $46,400 for months of “continuous physical pain and suffering, difficulty sleeping, anxiety, emotional distress and depression,” the suit states.
The suit was filed by Portland attorney Danna Fogarty.
-- Aimee Green

Wednesday, May 21, 2014

YOU MUST FILE A TORT CLAIM AT UCLA MEDICAL CENTER RATHER THAN THE STATE OF CALIFORNIA

See below for recent lawsuits against UCLA.

YOU MUST FILE A TORT CLAIM AT UCLA MEDICAL CENTER RATHER THAN THE STATE OF CALIFORNIA

The University of California works hard to conceal the tort claim process.

You can't sue if you don't file a tort claim within 6 months, so the Regents try to prevent those who have been harmed from filing a tort claim.

At first I was duped by the following document published by the Regents of the University of California:

[Maura Larkins' warning: the following is deceptive, produced by the Regents to avoid tort claims.]

"The Office of The General Counsel of The Regents (“OGC”)... THE REGENTS IS NOT SUBJECT TO CLAIM-FILING PROVISIONS OF THE TORT CLAIMS ACT California Government Code section 905.6 exempts The Regents of the University of California from claim-filing provisions of the Tort Claims Act. A claimant who wishes to file suit against The Regents may serve OGC as specified in section 1 above."

But if you go to "section 1 above", you see an address in San Francisco. It's the wrong address for filing a tort claim. Clearly, the Regents want you to come to them for health care, but if they harm you, they don't want to repair the damage.

I did more research and deciphered the truth with much difficulty. You have to present a tort claim to the specific campus medical center that is involved.

Why is UCLA so afraid of tort claims?

Perhaps it has a lot to hide, as suggested by this story.



Tuesday, April 8, 2014

Did a dead woman beat herself up--or did her doctor wrongly pronounce her as dead?

Arroyo v. Plosay (Cal. Ct. App. - April 2, 2014)
California Appellate Report
Thoughts on recent Ninth Circuit and California appellate cases from Professor Shaun Martin at the University of San Diego School of Law.
April 02, 2014

Maria Arroyo dies, and when the mortuary comes to pick up her body, her face is all bashed in, which the mortuary can't fix. Since Arroyo simply died of a heart attack -- not something that usually bashes a face -- everyone assumes that someone in the hospital must have futzed with (or mutilated) the body. So in 2011, Arroyo's survivors sue the hospital for disfiguring the body, which is indeed a tort.

But plaintiffs end up dismissing the case without prejudice after the trial court grants various summary judgment motions. Oh well. That's the way the cookie crumbles sometimes.

But then Arroyo's survivors figure out what really went down. How did Maria's face get bashed in? Well, after she was pronounced dead by the medical staff at the hospital, she was taken to the morgue and put in a compartment in the hospital's freezer. Presumably one of those drawer-like things that you see on television.

But when the mortuary workers found her, Arroyo was face down. With her nose broken and with lacerations and contusions all over her face.

How'd she get that way? You guessed it. The survivors' expert says that Maria was still alive when the hospital declared her dead and put her in the freezer. And that, later, she woke up, bashed her face and head against the compartment in a vain attempt to escape, and ultimately just froze to death.

YIKES!!

There's a whole big statute of limitations problem. Which, as the Court of Appeal holds, is more fatal to one cause of action than some of the others.

But boy. I would not want to be defending this one. Because unless you've got a good way to explain to a jury how Maria ended up face down with her nose broken, the alternative -- that she was put in the morgue alive only to freeze to death -- is . . . well, chilling. To say the least...


The decision states, "The separate judgments
of dismissal are reversed as to the causes of
action for medical negligence and wrongful
death against the Hospital and Dr. Plosay
, and affirmed as to the cause of action for
negligence.
The parties shall
bear their own costs on appeal.

Monday, April 7, 2014

I No Longer Have Much Faith in the Staff At This Hospital


by irishwitch
Daily Kos
Jan 28, 2014

...SInce I was up that early, I called Faye and told her I needed to get to the hospital today. I didn't tell her I had a really, really bad feeling about it. When we got there, Ben was upbeat (they put him on Zoloft and I want him off as soon as possible because the side effects are dreadful) because he thought he'd be going home today.

Our hopes were dashed. Very badly dashed and I am frankly thinking LAWSUIT because some of the stuff I am finally hearing indicates a level of incompetence that to me is just unbelievable. He is still on oxygen. His oxygen saturation isn't good enough to go home. Her boss and the cardiologist were fine discharging him, but the O2 levels when he walks go way down. So she decided he might have a blood clot in his luings, which apparently the oh-so-brilliant top 5 cardio hospitals in the country completely missed comp;etely.

I am the edn of my rope. I got very aggressive with the PA. I asked her why, when I asked the nurse about Deep Vein Thrombosis, said it was DVT, just a small superficial clot, othing to worry about. Nicole the PA said all clots are DVT, w=hich the AMerican Heart Association website (and several others that were not designed for civilians but for medical people) say is not true.

So they did a CAT scan, and NOW he had DVT behind his knee and a clot in his lung.

WHY THE FRIGGIN' HELL did they not do that CAT Scan when they discovered the one in his knee AND they knew he was having real problems breathing (turns out it was pneumonia which nobody bothered to tell us)? This sounds to me like GROSS incompetence. If there is a step beyond gross incompetence.

I was very aggressive in my questioning of Nicole, and MiL was mortified by aggressiveness and stopped out, leaving me unsure if she was leaving me there. I embarrassed her because I wanted to know the damned truth and was willing to have a knock-down dragout fight to get the facts. Because what I have gotten so far is at best half truths. And I am not passive aggressive. I WILL go to them at to learn the complete whole truth (which goes over with Nicole like a lead balloon and makes Ben unhappy with me). But so far they have made what seemed to me to have made so many mistakes which could have cost him his life, that I honestly have lost all faith in ANYONE at that hospital.ANd I wish I were ip North where family is respected and they actually the time to tell you the truth and generally don't make errors like not checking for a second clot in the lungs when his breathing isn't improving.

I'd also be thrilled to have nurses who speak something resembling the English language. His nurse today had a Southern accent so thick as to be unintelligible--and I can understand broad Yorkshire, thick Glaswegian, and very heavy Northern Irish brogues (reviews on Netflix always whine that they can't understand Irish accents)

I finally called Ben to get the info (since calling the damned nurses seems to be utterly useless), and heard about the blood clot. I have been crying non-stop and I no longer have any faith in this hospital or its staff. They've either been too incompetent to answer or they give me half truths. I don't trust any of them...

Wednesday, August 21, 2013

Thousands of doctors practicing despite errors, misconduct

These doctors are just the tip of the iceberg. Plenty of doctors who have negligently killed patients never even lose hospital privileges. The medical establishment has a remarkably high tolerance for mistakes. It's like a fraternity where they stand by each other.

Who's to blame? Largely, it's hospital peer review committees.

"Hospitals' peer review committees — the internal panels of medical staff that oversee and review complaints against clinical personnel — often do a poor job.

"'Much of the bottleneck in the physician discipline system is in the peer review committees,' says Philip Levitt, a retired Florida neurosurgeon who served as chief of the medical staff at two hospitals. 'Virtually everything of serious consequence gets balled up or blocked in the peer review process.'

T"he peer review system is rife with bias, Levitt says, noting that doctors on the committees often are inclined to protect their colleagues — or go after those who cross or compete with them. That dynamic invites lawsuits from doctors who say they've been treated unfairly, so hospitals generally are wary of suspending even those doctors who commit egregious misconduct, Levitt adds. Instead, they tend to look for a deal to persuade the doctor to leave quietly with no misconduct finding."


Thousands of doctors practicing despite errors, misconduct
Peter Eisler and Barbara Hansen
USA TODAY
August 20, 2013

Source: USA TODAY analysis of the U.S. government's National Practitioner Data Bank public use file; data include reports filed from Sept. 1, 1990-March 31, 2013
Frank Pompa, Alex Gonzalez and Barbara Hansen

A USA TODAY investigation shows that thousands of doctors who have been banned by hospitals or other medical facilities aren't punished by the state medical boards that license doctors.

Story Highlights

Hundreds of doctors with multiple malpractice claims still have their licenses
Weak oversight by state medical boards has been a concern for decades
Cracking down on bad doctors can take years; meantime, they keep treating patients

Dr. Greggory Phillips was a familiar figure when he appeared before the Texas Medical Board in 2011 on charges that he'd wrongly prescribed the painkillers that killed Jennifer Chaney.

The family practitioner already had faced an array of sanctions for mismanaging medications — and for abusing drugs himself. Over a decade, board members had fined him thousands of dollars, restricted his prescription powers, and placed his medical license on probation with special monitoring of his practice.

They also let him keep practicing medicine.

In 2008, a woman in Phillips' care had died from a toxic mix of pain and psychiatric medications he had prescribed. Eleven months later, Chaney died.

Yet it took four more years of investigations and negotiations before the board finally barred Phillips from seeing patients, citing medication errors in those cases and "multiple" others.

"If the board had moved faster, my daughter would still be alive," says Chaney's mother, Bette King, 72. "They knew this doctor had all these problems … (and) they did nothing to stop him."

Mari Robinson, executive director of the Texas medical board, says the Phillips case took "longer than normal, but we followed what we needed to do (by law)." Phillips could not be reached for comment.

Despite years of criticism, the nation's state medical boards continue to allow thousands of physicians to keep practicing medicine after findings of serious misconduct that puts patients at risk, a USA TODAY investigation shows. Many of the doctors have been barred by hospitals or other medical facilities; hundreds have paid millions of dollars to resolve malpractice claims. Yet their medical licenses — and their ability to inflict harm — remain intact.

The problem isn't universal. Some state boards have responded to complaints and become more transparent and aggressive in policing bad doctors.

But state and federal records still paint a grim picture of a physician oversight system that often is slow to act, quick to excuse problems, and struggling to manage workloads in an era of tight state budgets.

USA TODAY reviewed records from multiple sources, including the public file of the National Practitioner Data Bank, a federal repository set up to help medical boards track physicians' license records, malpractice payments, and disciplinary actions imposed by hospitals, HMOs and other institutions that manage doctors. By law, reports must be filed with the Data Bank when any of the nation's 878,000 licensed doctors face "adverse actions" — and the reports are intended to be monitored closely by medical boards.

The research shows:

• Doctors disciplined or banned by hospitals often keep clean licenses: From 2001 to 2011, nearly 6,000 doctors had their clinical privileges restricted or taken away by hospitals and other medical institutions for misconduct involving patient care. But 52% — more than 3,000 doctors — never were fined or hit with a license restriction, suspension or revocation by a state medical board.

• Even the most severe misconduct goes unpunished: Nearly 250 of the doctors sanctioned by health care institutions were cited as an "immediate threat to health and safety," yet their licenses still were not restricted or taken away. About 900 were cited for substandard care, negligence, incompetence or malpractice — and kept practicing with no licensure action.

• Doctors with the worst malpractice records keep treating patients: Among the nearly 100,000 doctors who made payments to resolve malpractice claims from 2001 to 2011, roughly 800 were responsible for 10% of all the dollars paid and their total payouts averaged about $5.2 million per doctor. Yet fewer than one in five faced any sort of licensure action by their state medical boards.

The numbers raise red flags for several experts in physician oversight, including David Swankin, head of the Citizen Advocacy Center, which works to make state medical boards more effective.

"Medical boards are not like health departments that go out to see if a restaurant is clean; they're totally reactive, because they rely on these mandatory reports — and they're supposed to act on them," Swankin says.

Not all doctors who lose clinical privileges or pay multiple malpractice claims necessarily should lose their licenses. In some malpractice cases, doctors or insurers may settle without admitting fault to avoid potentially expensive litigation.

Read the entire series: When Health Care Makes You Sick

When a disciplinary report shows up, "boards have a range of options," says Lisa Robin, chief advocacy officer at the Federation of State Medical Boards. "It could be a letter requiring that you get training, or it could be monitoring of (a doctor's) practices or, where there is patient harm, it could be something as severe as a (license) suspension or revocation."

The state boards "take their responsibility very seriously in taking actions, being thoughtful, and … protecting the public," Robin adds.

DECADES OF CONCERN

Concerns about medical boards' accountability date to 1986. That year, the Inspector General at the U.S. Department of Health and Human Services reported that the boards, typically comprising doctors and a lesser number of laypeople, imposed "strikingly few disciplinary actions" for physician misconduct. Several follow-up studies suggested improvements, but the reviews ended in the early 1990s after the Justice Department declared that an Inspector General would have no jurisdiction over state boards that are not funded or regulated by the federal government.

Some lawmakers disagree.

Early last year, Grassley and a bipartisan group of senators asked the Inspector General for a "comprehensive evaluation" of state medical boards' performance. But there's been no report, and the IG's 2013 work plan doesn't mention it.

Concerns about the boards resurfaced in a 2011 study by consumer watchdog group Public Citizen. The report was based on the same National Practitioner Data Bank records reviewed by USA TODAY, and it reached a similar conclusion: Medical boards "are not properly acting on (clinical privilege) reports after becoming aware of them."

Yet little has changed since Public Citizen's assessment — and the congressional concern it created. Physicians with records of serious misconduct are clearly still practicing:

• A California doctor made eight payments totaling about $2.1 million to resolve malpractice claims from 1991 to 2008. The doctor's hospital privileges were restricted twice in 2007, once for misconduct that posed an "immediate threat to health or safety" of patients, and surrendered for good in 2008. No action has been taken against the doctor's license.

• A Florida doctor made six payments totaling about $1.1 million to resolve malpractice claims from 1993 to 2009. In 2004, the doctor was hit with an emergency suspension of hospital privileges for misconduct that posed an "immediate threat to health or safety" of patients, and a managed care organization took similar action in 2005. He also kept a clean license.

• A Louisiana doctor made nine payments totaling about $2.7 million to resolve malpractice claims from 1992 to 2007, and at least five payments involved patient deaths, including two young girls. In 2008, a managed care organization indefinitely denied the doctor's clinical privileges. But the doctor's license remains unrestricted.

The doctors' names are a mystery: identifying information is stripped from the Data Bank's public file. Full access is limited to medical boards, hospitals and other institutions that are supposed to weed out bad doctors.

But the tracking system doesn't always work.

THE DEATH OF JENNIFER CHANEY

By the time Greggory Phillips began treating Jennifer Chaney in 2008, the Texas Medical Board had lifted the license restrictions stemming from his previous mismanagement of prescription drugs.

But more trouble was brewing. First, Phillips was caught pre-signing prescription pads, allowing a nurse to put "dangerous drugs" in the hands of patients who visited when Phillips was off and got no "adequate examination," board records show. Then, Debra Horn, a mother of two, died from an overdose of drugs Phillips prescribed.

Jennifer Chaney died after being prescribed a high dose of oxycodone, a narcotic more potent than morphine, plus an added prescription for hydrocodone — one the state medical board later described as "not medically indicated."

None of that was public when Chaney's family started seeing Phillips. He treated Jennifer for poor thyroid function and residual pain from neck surgeries after a car accident, board records show. He prescribed a mix of thyroid medicine, muscle relaxants, anti-anxiety drugs and painkillers.

Just before Christmas, Chaney fell in a parking lot and reinjured her neck. Phillips prescribed a high dose of oxycodone, a narcotic more potent than morphine, board records show. He also gave her an added prescription for hydrocodone, a painkiller already included in Chaney's ongoing drug regimen — and one the board later described as "not medically indicated."

A week later, Chaney complained one evening about feeling loopy from her medications. As her husband, three sons and mother headed to bed, she stayed up to watch TV.

She was still on the couch when her mother got up in the morning.

"I noticed Jennifer was on her back, and she never slept on her back, always her side," Bette King recalls. "I didn't think anything of it; I went into the kitchen, and then it dawned on me and I went back into the den and tried to wake her up. And I couldn't."

King yelled for Jennifer's husband, who tried CPR while King called 911.

The paramedics never found a pulse. The autopsy findings: "Cause of death: mixed drug intoxication. … Manner of death: Accident."

As weeks passed, Phillips' problems mounted.v The medical board, which fined him $1,000 in the prescription pad case, sent notice that it was preparing to charge him with substandard care and prescription drug violations in the death of Horn a year earlier. The Horn and Chaney families each filed malpractice claims, and Phillips' clinical privileges were terminated at North Hills Hospital in suburban Fort Worth.

Yet Phillips' license remained unrestricted. He would keep seeing patients — and mismanaging their medication.

"There's no question that Dr. Phillips had (practice) violations; the question is what authority does the board have to act once those are found out," says Robinson of the medical board. "We want something to happen and we want it as quickly as it can happen. But the system isn't always set up for that. ... That can be frustrating."

TOUGH INVESTIGATIONS, TIGHT RESOURCES

There's nothing tougher for state medical boards than competency and malpractice cases.

"There are laws, there is due process and there is confidentiality, and all those things make it difficult for state medical boards to do what they do," says Jon Thomas, a surgeon and past president of the Minnesota Board of Medical Practice.

"You have to get all the facts and you have to follow the law. And it's complicated," adds Thomas, an officer with the Federation of State Medical Boards. If a board is pursuing disciplinary action, "a good lawyer representing that physician will know all the appropriate levers to push, and they push every one of them. That can take a lot of time."

The cases typically require exhaustive investigation and legal preparation — a challenge for many boards wrestling with tight budgets and short staffs.

As the recession crimped state finances, "we saw a lot of boards having to do more with less," says Robin, the federation's advocacy officer.

With disparate funding and statutory authority, various boards use vastly different approaches to keep tabs on physicians.

Florida spends more than $200,000 a year to have the National Practitioner Data Bank continuously monitor the licenses of all of its physicians, so the board is alerted automatically when malpractice cases, hospital privilege actions and other problems are reported.

In Texas, doctors must submit a Data Bank report on themselves when they first apply for a license (the Data Bank allows doctors to query their own license records), but additional checks are not required for license renewals and are done only if a need arises, such as in complaint investigations. In California, there are no set requirements for checking the Data Bank and it is not queried routinely; officials check doctors' records on an as-needed basis.

"The states vary all over the lot in terms of the resources the boards have, whether they have good leadership, and whether they are regularly querying the (Data Bank)," says Sidney Wolfe, a physician and founder of Public Citizen's Health Research Group. "Some states do a pretty good job; a lot of them don't."

And it's getting more difficult to assess their work.

The Federation of State Medical Boards has stopped issuing medical board enforcement data that Public Citizen uses to rank the rate at which different boards discipline physicians. Wolfe says the federation wants to kill the state-by-state rankings because many boards detest them. The federation says it's figuring out how to release data that don't foster unfair comparisons between states that may have different disciplinary rules.

A LONG LEGAL FIGHT

Phillips wasn't giving up his medical license without a fight.

In May 2009, nearly 14 months after Debra Horn's death, the medical board invited Phillips to a settlement conference. He accepted the board's invitation but didn't accept its deal. That left the board one option: to take the case to a judge.

In Texas, as in many states, medical board complaints are adjudicated in administrative hearings, with their own judges and all the trappings of a full-blown trial. The board spent five months gathering evidence and lining up expert testimony before filing formal charges: negligence, non-therapeutic prescribing, failure to meet standards of care and poor medical decision-making.

Then, just before the hearing, Phillips opted for mediation — and the case stalled again.

"If a physician takes advantage of every hearing, every right to trial, it takes much, much longer" to resolve a case, says Robinson, the medical board's director. "He took advantage of every hearing, everything."

At about the same time, Bette King filed her own, handwritten complaint with the board in the death of Jennifer Chaney. Another investigation was launched.

King wanted the board to exercise its power to issue an emergency suspension of Phillips' license. But the burden of proof is extremely high, and the board's staff concluded that his misconduct did not meet the two-pronged legal test for an emergency order: The conduct has to be egregious and the doctor has to be an imminent, present danger. In 2012, just a dozen cases met that standard.

By the time King filed her complaint, nearly a year had passed since her daughter's death.

"We rely on complaints to (start) investigations, and people often wait a year or more to file," Robinson says. "But to show that a physician is a present danger, it's got to be now. If we are monitoring a physician for drug use and he fails a drug test, we have recent proof that he's a danger today. If we're talking about (actions) many, many months ago, it has to go through the regular disciplinary process."

So the Phillips case dragged on. It would be another year before his mediation, and it wouldn't end there. Throughout the process, anyone who checked Phillips' status on the board's website saw a license in full force — no mention of the malpractice cases or the terminated clinical privileges, even though all of that should have been listed.

"I kept waiting for them to stop him," King says, "and they just let him keep going."

FLAWS IN OVERSIGHT SYSTEMS

By law, hospitals and other health care institutions — from managed care operations to public health centers — must report to the National Practitioner Data Bank when doctors lose clinical privileges in connection with investigations of substandard care or misconduct. Insurers also must report any payments in a malpractice case, regardless of whether guilt was admitted.

In Texas and many other jurisdictions, state laws require similar reporting directly to medical boards, often by doctors themselves.

The reports are critically important — hospitals and other health care organizations typically are the first to know when a bad doctor is putting patients at risk. Yet they are notorious for skirting reporting requirements when they part ways with a physician.

At the start of 2011, more than 20 years after the National Practitioner Data Bank was set up, 47% of hospitals had never reported restricting or revoking a doctor's clinical privileges, according to data from the U.S. Health Resources and Services Administration, which runs the Data Bank. Public Citizen reported in 2009 that some hospitals mask cases by giving bad doctors a chance to resign before investigations are launched, or by restricting privileges for just under the 30-day threshold that requires reporting.

But the group also found another grave problem: Hospitals' peer review committees — the internal panels of medical staff that oversee and review complaints against clinical personnel — often do a poor job.

"Much of the bottleneck in the physician discipline system is in the peer review committees," says Philip Levitt, a retired Florida neurosurgeon who served as chief of the medical staff at two hospitals. "Virtually everything of serious consequence gets balled up or blocked in the peer review process."

The peer review system is rife with bias, Levitt says, noting that doctors on the committees often are inclined to protect their colleagues — or go after those who cross or compete with them. That dynamic invites lawsuits from doctors who say they've been treated unfairly, so hospitals generally are wary of suspending even those doctors who commit egregious misconduct, Levitt adds. Instead, they tend to look for a deal to persuade the doctor to leave quietly with no misconduct finding.


In the rare cases where a hospital does sanction a doctor, he says, "it usually means there were really bad things going on."

In the Phillips case, North Hills Hospital says the doctor's clinical privileges ended in May 2009, not long after Phillips was fined for signing blank prescriptions. The hospital would not comment on why it parted ways with him or whether it had anything to do with misconduct that would have required reporting to the medical board.

Whatever the circumstances, the board never heard about it. "There is no public information available to suggest that a report was ever made," says the board's Robinson.

To this day, Phillips' official profile on the board's website shows that he still has clinical privileges at North Hills. And the malpractice cases, which Phillips paid to settle years ago and was required to report to the board, are unmentioned.

TOUGH CHOICES, IMPERFECT DEALS

Based on a negotiated agreement with Phillips, the Texas Medical Board finally ordered sanctions in the Horn and Chaney cases in April 2011 — more than two years after Chaney's death; three years after Horn's.

The order charged that he "prescribed excessive quantities of high dosages of controlled substances and dangerous drugs … and engaged in a pattern of non-therapeutic prescribing of narcotics that were being used by (both) patients at the time of their deaths by drug intoxication."

Phillips agreed to pay for independent monitoring of his practice for two years, including quarterly reviews of at least 30 patients' records. He also had to take classes to correct deficient practices, including instruction in treating chronic pain and medical record-keeping, and pay a $3,000 penalty.v But Phillips still was allowed to see patients and continue writing prescriptions.

Repeated efforts to reach Phillips for comment, including requests through his lawyers, were unsuccessful. But Jon Porter, one of his attorneys, said the sanctions were significant. He noted that paying to have a practice monitored and enrolling in the required courses can cost well over $10,000.

Still, the Phillips case wasn't over. In 2012, the board found that he'd continued to mishandle prescriptions while the Horn and Chaney investigations unfolded.

Phillips engaged in "non-therapeutic prescribing" for one patient and lacked documentation to justify the drugs he administered, the board found. In another case, he again prescribed drugs without documenting their necessity — and provided early refills without justification.

This time, the board struck a tougher deal: Phillips had to give up his certification to prescribe controlled substances.

Within a year, he'd stopped practicing, board records show. But last February, the board issued another, final order that forever bars Phillips from treating patients.

Phillips "prescribed controlled substances to multiple patients without documented medical justification … (and) without adequate evaluation and need," the order charged, noting that he also violated rules by prescribing drugs to family and close friends.

Again, though, the sanctions were negotiated and stopped short of revoking Phillips' license, allowing him to work in "administrative medicine" with no patient contact, such as evaluating insurance claims.

The deal reflects the tough choices the board often faces, Robinson says.

"This doctor was willing to agree to something that's very strict — he'll never be in contact with patients again — or we'd have to go to trial, which could take years, and he'd be practicing for all that time," she says.

Friday, August 16, 2013

Sharp fined for almost removing wrong testicle--but the reporting system is voluntary for hospitals; most mistakes are covered-up

Shockingly, the 109 wrong site surgeries reported in 2012 were a "small proportion of actual events" according to the Joint Commission, which relies on hospitals to voluntarily report mistakes.

I am impressed that the Joint Commission would admit that hospitals cover-up a lot of mishaps. And I'm not surprised that the problem is increasing, since there is so little accountability. I imagine Sharp preferred to report a case of ALMOST removing the wrong testicle than to report cases where organs were mistakenly removed. In the more serious cases, the hospitals most likely pay a settlement to patients in exchange for a promise of silence.


Sharp fined for almost removing wrong testicle
State report says surgical team failed to follow procedure
By Paul Sisson
SDUT
Aug. 15, 2013

In a written response to the state, Sharp stated that it conducted mandatory training of all operating room staff after the incident and conducted 70 randomly selected audits of procedures per month to make sure that surgical sites were being properly marked. Those audits, Sharp said, resulted in a 100 percent compliance rate.

Wrong-site surgeries have been a topic of focus in the health care industry for more than a decade. Despite that focus, data suggest that the mistakes have increased over time.

According to The Joint Commission, which accredits hospitals nationwide, 67 wrong-site surgeries were reported to the agency in 2002 and 109 were reported in 2012. That number is down significantly from 152 in 2011. The commission cautions that those numbers represent only the cases voluntarily reported and represent a “small proportion of actual events.”

In a written response to the state, Sharp stated that it conducted mandatory training of all operating room staff after the incident and conducted 70 randomly selected audits of procedures per month to make sure that surgical sites were being properly marked. Those audits, Sharp said, resulted in a 100 percent compliance rate.

Wrong-site surgeries have been a topic of focus in the health care industry for more than a decade. Despite that focus, data suggest that the mistakes have increased over time.

According to The Joint Commission, which accredits hospitals nationwide, 67 wrong-site surgeries were reported to the agency in 2002 and 109 were reported in 2012. That number is down significantly from 152 in 2011.

The commission cautions that those numbers represent only the cases voluntarily reported and represent a “small proportion of actual events.”

Monday, August 12, 2013

Doctor falsely diagnoses patients with cancer so he can give treatment, collect Medicare

Michigan doctor arrested for purposely misdiagnosing cancer
by Jen Hayden
Daily Kos
Aug 07, 2013

Greed knows no bounds. It pushes people to do unspeakable things. For Dr. Farid Fata, a Michigan oncologist, there were no limits:

Dr. Farid Fata, 48, of Oakland Township was arrested Tuesday and charged for allegedly submitting false claims to Medicare for services that were medically unnecessary, including chemotherapy treatments, Positron Emission Tomograph (PET) scans and a variety of cancer and hematology treatments for patients who did not need them. Dr. Fata owns and operates Michigan Hematology Oncology Centers (MHO) which has offices in Clarkston, Bloomfield Hills, Lapeer, Sterling Heights, Troy and Oak Park.

Dr. Fata was scamming Medicare to the tune of $35 million.

In the course of the scheme, prosecutors say Dr. Fata falsified and directed others to falsify documents. MHO billed Medicare for approximately $35 million dollars over a two-year period, approximately $25 of which is attributable to Dr. Fata, federal officials said.

The complaint further alleges that Dr. Fata directed the administration of unnecessary chemotherapy to patients in remission; deliberate misdiagnosis of patients as having cancer to justify unnecessary cancer treatment; administration of chemotherapy to end-of-life patients who will not benefit from the treatment; deliberate misdiagnosis of patients without cancer to justify expensive testing; fabrication of other diagnoses such as anemia and fatigue to justify unnecessary hematology treatments, and distribution of controlled substances to patients without medical necessity or are administered at dangerous levels.

Dr. Fata was prescribing painful and unnecessary treatments to patients:

The feds say he also deliberately misdiagnosed patients “as having cancer to justify unnecessary cancer treatment,” WXYZ reported.

Federal agents say Fata directed the “administration of chemotherapy to end-of-life patients who [would] not benefit from the treatment,” and deliberately misdiagnosed “patients without cancer to justify expensive testing.”

Thankfully, Dr. Fata isn't likely to get out of jail any time soon:

Dr. Fata faced a federal magistrate Tuesday afternoon. Assistant U. S. Attorneys assigned to the case argued Fata is a flight risk because he has access to about $14 million in liquid assets and a home in Lebanon. The magistrate is temporarily detaining Fata until another hearing can be held on Thursday. He faces up to 20 years behind bars if he’s convicted.

Twenty years? Not long enough. Not nearly long enough.

Saturday, August 3, 2013

Babies die; hospital halts heart surgeries

Babies die; hospital halts heart surgeries
By Elizabeth Cohen, Senior Medical Correspondent
(CNN)
August 3, 2013

Connor Wilson was born February 13, 2012. He had his first surgery at Kentucky Children's Hospital a week later and a second surgery on May 11. On August 3, 2012, his heart stopped, but doctors got it beating again. "He never got better," says his mother, Nikki Crew. Connor Wilson was born February 13, 2012. He had his first surgery at Kentucky Children's Hospital a week later and a second surgery on May 11. On August 3, 2012, his heart stopped, but doctors got it beating again. "He never got better," says his mother, Nikki Crew.>
>
Tabitha and Lucas Rainey were beginning to get suspicious.

The staff at Kentucky Children's Hospital kept telling them their infant son, Waylon, was recovering well from surgery. There had been a few bumps in the road, to be sure, but they said that was normal for a baby born with a severe heart defect.

Months passed. Waylon remained in the intensive care unit. More complications arose.

"Is everything OK?" the Raineys would ask.

Yes, the doctors and nurses assured them. Everything was fine.

Baby heart surgery concern

Then one day, Tabitha Rainey says a cardiologist took her aside.

"She said, 'If I were you, I would move him,' " Rainey remembers. "She told me we should take him somewhere else.'"

A few days later, the Raineys arranged to have Waylon sent by helicopter to the University of Michigan. By then their son, not quite 3 months old, was in heart failure.

Secret data

If Waylon Rainey had been born 30 years ago, he almost surely would have died a few days or weeks after birth. He has a condition called hypoplastic left heart syndrome, which means the left side of his heart is so malformed it can't pump blood.

Today, surgeons perform a series of three operations on babies like Waylon. They're high-stakes surgeries -- cutting into an organ the size of a newborn baby's fist is tricky, to say the least. The blood vessels can be thinner than a piece of angel hair pasta, and one wrong move, one nick, one collapsed artery or vein can be deadly.

These children are medically very fragile, and even the best surgeons lose patients. Surgeons track their deaths and complications and take great pride in the number of babies they save. Some are so proud they publish their success rates right on their hospital websites.

Kentucky Children's Hospital is not one of these hospitals.

Instead, Kentucky Children's Hospital has gone to great lengths to keep their pediatric heart surgery mortality rates a secret, citing patient privacy. Reporters and the Kentucky attorney general have asked for the mortality data, and the hospital has declined to give it to them. In April, the hospital went to court to keep the mortality rate private.

Parents of babies treated at Kentucky Children's say the hospital's effort to keep the data a secret, coupled with troubling events over an eight-week period last year, makes them suspicious something at the hospital has gone terribly wrong...

10 ways to get your child the best heart surgeon COMMENT

Jason Simpson • 12 hours ago

− I am a pediatric cardiologist.

Pediatric heart surgery is the most delicate/complex of any surgical procedure known to man. It is a hundred times more difficult to reconstruct a baby's heart than it is to do brain surgery or colon surgery.

This is why there is such widely divergent rates of mortality and complications between hospitals and between surgeons. There are only a handful of people in the world who have the technical expertise and judgment to do these surgeries well.

There are lots of other hospitals who advertise for pediatric heart surgery programs, but they use surgeons who haven't perfected their craft yet and are still basically in training. You want one of the top flight fully trained surgeons listed at the hospitals below.

The training of a pediatric heart surgeon is the longest training pathway of any doctor. 4 years med school, 5 years general surgery, 3 years adult cardiothoracic surgery, 2-3 years pediatric cardiothoracic surgery = 14-16 years AFTER you finish undergrad. Even surgeons who have completed that pathway still have a LONG way to go in order to be fully competent surgeons and practice at the top of their craft. Many pediatric cardiothoracic surgery fellows simply arent cut out for the job and they wash out and have to pick a different medical specialty. Most of them switch from pediatric to adult heart surgery, which is much less technically complex and far easier to do.

I've worked with dozens of pediatric heart surgeons at every level of their training, and from what I've seen it is impossible to tell for sure if they are going to be good surgeons until at least 3-4 years AFTER their fellowship is completed. So never pick a surgeon who is less than 4 years out from the completion of their fellowship.

IMHO, there are only a few places in the United States who are technically capable of pulling off these highly complex surgeries:

1. Boston Childrens

2. Texas Childrens Hospital (Houston)

3. UCLA

4. CHOP (Philadelphia)

5. Univ Michigan

6. Cincinnati Childrens

There are lots of other hospitals who advertise for pediatric heart surgery programs, but they use surgeons who havent perfected their craft yet and are still basically in training. You want one of the top flight fully trained surgeons listed at the hospitals above.

Places in Kentucky and other small volume centers have NO BUSINESS opening up a pediatric heart surgery program. If you live in the middle of the country, you need to take your child to one of these elite academic medical centers in order to get good care.

Sunday, June 16, 2013

The Chargers' Doctor Is A Drunk Quack. Why Haven't They Fired Him? Because popularity is more important than competence

The Chargers' Doctor Is A Drunk Quack. Why Haven't They Fired Him?
Barry Petchesky
Deadspin
4/24/13

The California Medical Board believes that David Chao should lose his medical license. Nearly two dozen former patients who have sued him since 1998—alleging in all the medical superfecta of malpractice, personal injury, negligence, and fraud—would agree. Dissenting: the NFL and the San Diego Chargers, for whom Chao has served as team physician for the past 15 years.

The Chao dossier is lengthy. Two drinking-and-driving citations. A DEA investigation. Accusations that he enabled his former partner's prescription-drug habit. Four lawsuits from former Chargers he had treated. In early 2011, reporter Brent Schrotenboer, Chao's most dedicated watchdog, counted 20 lawsuits filed against Chao since 1998, with at least eight of those "settled with payouts to plaintiffs." Another was decided last summer, when Chao was found liable for negligence and fraud in the case of a 15-year-old girl, Whitney Engler, who had been disfigured in the course of Chao's treatment.

As far as the NFL is concerned, all of this is irrelevant. Last year, the NFL Players Association asked the league for a formal review of Chao's history. But the three-man independent panel hearing the case, per the collective-bargaining agreement, was not supposed to take into account the many suits stemming from Chao's private practice, or his own arrests, or even claims of perjury. Quietly, in February, Chao was "totally exonerated" by the panel, which dismissed the medical malpractice suits as irrelevant to "the quality of care that he provides to the San Diego Chargers players."

In recent weeks, we've learned some more supposedly irrelevant things about Chao, a Harvard- and Northwestern-trained orthopedic surgeon. Like a license hearing pursued by an aggressive California attorney general who wants to know why Chao was ordering vodka at a nightclub while one of his patients was losing a leg. Or a medical repair executive who tells us that Chao's MRI machines were outdated, inaccurate, and poorly maintained. Or a San Diego coroner's report that found a prescription sedative in the system of Junior Seau, for whom Chao acted as drinking buddy and personal physician.

NFLPA executive director DeMaurice Smith, in brief remarks before Chao had been exonerated by the panel, said, "It seems to me that the players of the National Football League deserve to have a doctor who's not been found liable of malpractice."

California also thinks its citizens deserve better than Chao. This past July, before the NFL's review, the state medical board filed a formal complaint against him. The board seeks to suspend or revoke his license, citing "repeated negligent acts."

That Chao remains the Chargers' doctor even now, amid a hail of accusations and universally terrible PR for both the team and league, owes less to his ability to treat his patients than to the unresolved conflict at the heart of the modern NFL: How can the league keep players safe and healthy without being legally responsible for the safety and health of the players?

This isn't the first time the state of California has gone after David Chao. In 2002, the medical board fined him for writing Gary Losse's prescriptions. Losse, Chao's former partner, was addicted to prescription painkillers, according to depositions of coworkers. A pharmacy technician testified that Chao regularly wrote the prescriptions and charged them to Losse's personal account. Losse and Chao were sued by former Charger DB Mark Montreuil, who claimed Losse had operated on his knee injury while high. Montreuil never played again, and he reached an out-of-court settlement with the two doctors. According to Losse's longtime nurse, a partner at the clinic told her that in 1998 the Chargers had pressured Losse to step down because of the drug use. Losse would leave the medical field altogether. Chao and another partner inherited his contract with the team, and in 2002 Chao became the sole, official scalpel of the Chargers.

In 2010, drug enforcement agents searched Chao's office after learning of more than 100 prescriptions apparently made out to himself. (The DEA became involved after the arrest of former Charger Kevin Ellison, who was found with a large stash of illegally obtained Vicodin pills.) The investigation was closed two years later, with the DEA saying Chao was not suspected of using the pills himself, and that "with the DEA's guidance, Dr. Chao's controlled substance record keeping is now in compliance."

In 2011, the medical board filed another complaint, to address Chao's two citations for drinking and driving. The second DUI had taken place in 2006, and Chao was accused of failing to disclose it while applying for a license to evaluate worker's compensation claims. (He would be disqualified for the license when it emerged that he had lied on his forms. He "knowingly [made] material misrepresentations under penalty of perjury," according to the director of the state's worker's comp division.)

The complaint revealed that the first thing Chao had told police upon being pulled over was that he worked for the Chargers:

Chao would testify that his blood alcohol content, 0.11, was measured three hours after the last of his two drinks and might have been high due to his Asian genes. Matthew Davis, a California deputy attorney general arguing on behalf of the board, said Chao's testimony "stretches credibility."

In his defense, Chao had himself examined by a board-certified psychiatrist, Stephen Sobel, who reported that Chao did not and does not abuse alcohol. That Sobel has served as the Chargers' "consulting psychiatrist" since 2003 was not brought up.

Davis, in his closing argument, declared that "sound judgment is part and parcel to the qualifications and duties of a physician. The DUI conviction evidences a problem in that area." The judge officially reprimanded Chao, recommending probation, a further psychiatric exam, and ethics training (that decision can be found at the bottom of this page).

The most recent complaint, the one the medical board argues should get Chao's license taken away, cites three negligence cases that took place between 2007 and 2010. One case involved Kathleen Adams, who was crippled by a botched hip replacement and won a $2.2 million payout from Chao. (Chao would later sue the makers of the surgical scissors used in the operation.)

A second patient had dangerous blood loss from "significant blood vessel lacerations" during hip replacement surgery. A third, in for a knee replacement, suffered deep venous thrombosis and a pseudoaneurysm.

The full document, which can be found at bottom, lists the board's executive director, Linda Whitney, as the complainant. It requests a hearing for Chao before the Office of Administrative Hearings, where the state's case will be argued by the attorney general's office—in this case, Matthew Davis. It closes with this request for action:

There are plenty of former patients who aren't cited in the complaint—yet. Like Whitney Engler, a teenage track star left disfigured after undergoing minor knee surgery in 2003. For her recovery, Chao prescribed a controversial cold-therapy device called Polar Care—and did not disclose that he and his company made money by renting it to her.

He'd had trouble with the machine in the past. In 2002, he settled out of court with a SeaWorld performer who had suffered frostbite after using the device. Engler suffered similar pain and tissue damage from the treatment. In her lawsuit, she claimed that Chao had played dumb about the device's history. "I asked him specifically if he knew what could have caused this," she told a reporter, "and he said, 'I don't know, I've never seen anything like this before.'"

On July 31, four days after the state medical board filed its complaint, Engler was awarded more than $12 million in total compensatory and punitive damages, split between the three defendants. (A jury assigned 50 percent of the responsibility for her harm to Chao. The clinic came in for 10 percent; Polar Care's manufacturer, 40 percent.) In the verdict, Chao's legal team was accused of some pretty underhanded tactics:

The [defendants] engaged in a number of ill-conceived strategies to derail the litigation, including hiding the location of witnesses, failing to produce witnesses, and engaging in a clandestine attempt to disqualify [Plaintiff's] counsel. In one such plot, they claimed that they dummied up a letter from Dr. Chao's attorneys, addressed to Dr. Chao, which contained incriminating information, with the idea that it would be leaked by someone to [Plaintiff's] counsel, and then they would be able to successfully move to have [Plaintiff's] counsel disqualified.

In an email to us, Chao's attorney, Robert Frank, writes that "Whitney Engler agreed, as did her expert orthopedic witnesses, that the knee surgery performed by Dr. Chao was excellent and allowed her to return to high school competitive sports, where she qualified for and succeeded in California state track events. Her case was not about the orthopedic surgery performed by Dr Chao. Instead it was a product liability case about a postoperative cold therapy healing device."

Then there's Tom Fagan, who in 2007 came in for a knee replacement and lost a leg while Dr. Chao was out at a nightclub.

It's good for business to be a sports franchise's "head team physician." (According to court documents filed in the Engler case, Chao's net worth is about $3.4 million, with an annual income between $700,000 to $1.4 million in recent years.) That's why many health-care providers actually pay for the right, though Chao's medical group only offers the Chargers reduced rates. Whatever the quid pro quo, it's a baroque, conflicted arrangement that often pits a doctor's sworn duty to an athlete's health against his responsibility to the team that pays him.

Fagan, a then-53-year-old artist and a big football fan (and former college player), specifically chose Chao for his surgery because of his association with the team. He saw Chao's ad in every gameday program, placed for free. He saw Philip Rivers prominently displayed on Chao's website. When he first walked into the doctor's office, he was greeted by framed photos of Chargers players and other star athletes through the years. You can see some of them on the "Patients in Action" section of Chao's site.

Fagan writes in an email that he went to Chao thinking "he was the best, naively assuming that if the Chargers had employed him for so long he had to be. ... The Chargers' doctor must be the top surgeon at least in San Diego."

On Feb. 9, 2007, Fagan underwent a knee replacement at Scripps Memorial Hospital in La Jolla, with Chao overseeing the operation. That evening, according to nurses' notes, Fagan began experiencing pain and swelling in his leg consistent with Compartment Syndrome, a dangerous condition that affects circulation. Nurses attempted to locate Chao, but he had left the hospital. And, against hospital rules, he had failed to appoint another physician responsible for Fagan's care.

The Chargers' Doctor Is A Drunk Quack. Why Haven't They Fired Him?Expand

"I came very close to dying," Fagan remembers.

The nurses' notes record that by 1:45 a.m., Fagan's condition had worsened to the point where the doctor on call in the emergency room had to be summoned. After performing a test, she called Chao. Fagan had a blood clot, the ER doctor suspected, and needed an operation to restore circulation. Chao said he was unable to come in. By 4 a.m., when emergency surgery was performed (not by Chao), Fagan's leg was beyond saving. Three months later, it was amputated.

"I believe it was the next morning Chao showed up with his story about going to L.A. to see his mother," Fagan recalls. "When I did ask him what went wrong, he just said it was a very difficult surgery, whatever that meant."

Where was David Chao while his patient crossed the point of no return? Chao told the court the same thing he had told Fagan. According to his May 15, 2008, deposition in Fagan's lawsuit (found at bottom), he was in his car, driving north to Los Angeles to visit his sick mother.

Chao was placed under oath, and examined by Fagan's lawyer, Janice Mulligan:

Q. With whom did you drive?

A. By myself.

Q. Where did you go?

A. I was heading to my mom's house.

[...]

Q. Can you give us your best estimate as to approximately what time you left your house on the evening of February 9th with the intent of driving to Los Angeles?

A. It was late at night. It was something that I thought about doing earlier in the day, because my mom wasn't feeling that well. And in any case I had given some thought about going up earlier in the evening, decided not to because I hate driving in traffic, and it was later that night that I decided, well, if I were to go up now and not miss sleeping, and I'm kind of worried about her, there isn't going to be much traffic. And then I could go up and at least see her in the morning and zip right back down to my other commitments.

In Chao's sworn deposition, he answered dozens of questions about driving to his mother's, filling in some details when pressed, failing to recall others. He played up his role as a dutiful child: "I was primarily going up there as a son that feels guilty that I haven't seen her very often," he said, "and that she was alone and not feeling well."

A. Without being overly melodramatic, my mom is not the kind of person that if it really were bad to say that it's really bad. She's always going to say, as an immigrant, her personality and whatever, she's going to say no, I'm fine; I know you're busy. And I wasn't — I'm not suggesting that I was speeding up there to save her life in any way, shape or form, but I'm not sure where she was. My assumption was that she just wasn't feeling that well and there was nothing to take her to the emergency room for or anything else, but perhaps my peace of mind would be better having just seen her.

About a year later, Chao was ordered to produce proof of his whereabouts that night. His lawyer sheepishly turned in a receipt. The purchases were redacted, but it showed Chao was at the Belo nightclub in the Gaslamp Quarter ("San Diego's only true superclub!") at the exact time the hospital was desperately trying to reach him.

Janice Mulligan launched her own investigation into the receipt and discovered that Chao had run up a tab of over $300 at Belo, including an entire bottle of vodka. The waitress serving the doctor that night remembered him well, Mulligan noted in a memo, because Chao had "stiffed her on her tip."

Chao settled with Fagan out of court, which allowed the doctor to avoid any potential liability.

(One of Chao's insurers would go to court in an attempt to recover costs for defending Chao and paying out the malpractice settlement. Documents from that case, including a 2011 Los Angeles Superior Court Statement of Decision, provide a glimpse into the evidence produced against Chao and can be found at bottom.)

When the medical board initially declined to pursue a case against Chao over his handling of Tom Fagan, Mulligan wrote a letter to Patricia Stillwell, a board investigator. Mulligan was astounded that the state would let the matter go.

Not only did we provide your office with evidence of Dr. Chao's negligence, we also provided you with incontrovertible evidence of him committing perjury in his deposition and black and white evidence of his real whereabouts on the night in question- both in the form of a receipt and phone records.

Mulligan offered to provide two experts "who both were outraged by Dr. Chao's conduct," and who would "testify that his conduct fell far below the requisite standard of care." Mulligan closed with this:

Based on Dr. Chao's track record, it is only a matter of time before another patient is injured or killed because of Dr. Chao's recklessness. Will the Medical Board please reconsider its position on this case before it is too late?

When asked about the Fagan case, Robert Frank, Chao's attorney, writes in an email: "There was not any finding of malpractice by Dr. Chao." He added: "The California Medical Board reviewed Dr Chao's care of Mr Fagan and exonerated him. You know they would not have done so had there been any wrongdoing by Dr. Chao given the medical board's history with Dr. Chao."

We're told that Deputy AG Matthew Davis, representing the medical board, isn't necessarily done building his case. The attorney general's office declined comment, citing the ongoing action, but a person familiar with the process says Whitney Engler's and Tom Fagan's cases, among others, could be included in an amended medical board complaint. Because of that possibility, a hearing and decision in Chao's case may not happen until 2014, when his medical license is set to expire.

Accusations of substandard care extend all the way to Chao's medical equipment. Deadspin spoke with an executive at a medical repair company, one that maintained the MRI machines at Chao's office until 2011, when it stopped servicing the clinic after a dispute over unpaid bills. The company won a judgment against the clinic, says the executive, who requested anonymity because they still haven't been paid.



Chao's clinic owns two MRI machines, with which he scanned both NFL players and regular patients. One of Chao's machines, the executive says, "was in worse condition than any MRI I'd ever seen." The other lost its national accreditation after Chao refused to have it serviced.



The older, smaller machine was the Lunar Artoscan M extremity scanner, which the executive calls "arguably the lowest-quality MRI that's capable of doing a knee scan that's in use in America." It surely wasn't in widespread use: The Artoscan M, introduced in 1993, was phased out for its successor in 2004. GE, which had acquired Lunar Corp., junked its stockpile around 2006.

The last time Chao's machine was examined was in 2008, when the executive told him it would be cheaper to buy a new, more modern machine than to fix everything wrong with it. Chao declined to do either.

The executive believes Chao stopped using his Artoscan M soon after, but the images obtained with it are still around. This very much matters, the executive says, because the scans can be more difficult to read than those from higher-quality machines—the details aren't nearly as fine.

The tesla (T) is a unit of measurement of magnetic field strength. It's used to calibrate the imaging power of an MRI machine. Today, the industry standard is at least 1.5T, with 3T becoming widespread. The Artoscan-M has a magnet capable of just 0.2T.

"You don't know what you cannot see" on a diagnostic scan, the executive says, and even today, radiologists consulting the files of Chao's patients may be working with fuzzy images. According to one sports-medicine specialist who has worked for a pro sports team, it's entirely possibly to miss subtle tears in cartilage or ligaments when consulting lower-definition images. To this, Chao's attorney responds that "the radiologists who read the MRI studies from Dr. Chao never complained about the quality of the MRI machines and felt very comfortable putting their names on the reports interpreting the studies."

Chao's other full-body MRI machine was a Hitachi AIRIS II, introduced in 1999. It's relatively modern, the executive says, but still "at the lower end of the quality spectrum." It's a so-called open MRI, which is more comfortable for larger or claustrophobic patients. But the trade-off is that it will necessarily have a weaker field strength. (Our sports-medicine specialist says there's no reason athletes can't use a closed MRI: "No football player has ever gotten stuck in one.") In the case of the AIRIS II, the field strength is 0.3T, an order of magnitude weaker than today's top-of-the-line machines.

Chao began using the AIRIS II exclusively when he put the Artoscan M in mothballs, but for an extended period he failed to keep up its maintenance. An MRI physicist conducting a routine inspection noticed calibration issues in the AIRIS II, and in 2011 the repair company advised Chao to have it adjusted. Chao declined, the executive says.

As a result, Chao's AIRIS II lost its accreditation from the American College of Radiology. The ACR has accredited more than 35,000 facilities, and while the program is voluntary, beginning in 2012 it became mandatory for certain types of Medicare reimbursement. It's not known if Chao has since gotten the recommended repairs to his machine, but it still lacks accreditation from both of the major agencies.

The players likely know none of this, and it might not make a difference: They adore Chao. That he performs 90 percent of player surgeries, reads the report of the NFL-convened panel that cleared him, indicates "the high regard the players, medical staff and team have for him." Chargers players speak highly of Chao According to a person close to current and former Chargers players, they view him as a friend and a drinking buddy who happens to have a prescription pad.

One of those buddies was Junior Seau, who was very close to Chao while playing, and who continued to use him as his personal physician until his suicide last year. Chao still serves on the board of directors of the Junior Seau Foundation, a position he's held since at least 2002. Seau officiated at Chao's 2011 wedding. "David loved Junior with all his heart and soul," former Charger Mark Walczak told USA Today.

In 2007 two women sued Seau, claiming that after meeting him at the Gaslamp's popular Side Bar, Seau turned ugly, threw drinks on them, told one to "put your shirt on, your tits are too small," and the other to "get on a treadmill, you cunt." The women's lawyer said Seau was out drinking with David Chao that night. He'd sent Chao to the women's table to invite them over.

After Seau's death, Chao continued to hand out inspirational photos of the late player, including to athletes in the X Games, for which Chao serves as the chief medical officer. (Chao was on the scene in January, when Caleb Moore was struck by his snowmobile. Moore was diagnosed with a concussion and sent to the hospital. He died a week later, after heart and brain complications arose. It's not clear if Chao had any role in Moore's treatment.)

In August 2012, the San Diego County Medical Examiner's office released the findings from Seau's autopsy. (It can be found at bottom.) His toxicology report revealed the presence of Zolpidem, the prescription sedative commonly sold as Ambien. More Ambien was found in Seau's house. The "investigative narrative" notes that Seau was under the care of Chao.

Seau long battled insomnia. According to lawsuits filed by his parents and his four children, he had also been suffering from "severe depression." The FDA-approved labeling for Ambien urges caution when administering it to patients whose sleep troubles persist, and to patients "exhibiting signs of symptoms of depression" and warns that the medication could make those symptoms worse:

In primarily depressed patients, worsening of depression, including suicidal thinking, has been reported in association with the use of sedative/hypnotics.

"Confusion," "dementia," and "suicide attempts" are specifically listed as adverse effects that cropped up in clinical trials. The level of Zolpidem in Seau's body was consistent with ingestion fewer than 90 minutes prior to his death
.

"I understand that he and Dr. Chao were close friends," Chao's attorney tells us. He adds: "Of the few people Seau noted in his Chargers Hall of Fame speech he mentioned Dr. Chao. He publicly and with great passion thanked Dr Chao many times for keeping him healthy. The issue you raise seems ridiculous."...

Read more, including lots of official documents, HERE.

Saturday, May 25, 2013

Chicago doctors over-sedated patients and did unnecessary tracheotomies in a bid to boost profits

Allegations of unnecessary procedures at hospital
By MICHAEL TARM
Associated Press
April 16, 2013

CHICAGO (AP) — At least two doctors at a Chicago hospital endangered patients by intentionally over-sedating them and performing unnecessary tracheotomies in a bid to boost profits, a graphic and wide-ranging complaint released by federal prosecutors Tuesday alleges.

The document doesn't directly say patients at Sacred Heart Hospital died as a result of the procedures that involve cutting a hole into someone's windpipe, but it notes mortality rates from one of the doctor's tracheotomies were far higher than average.

The investigation of the hospital dating back to 2011 led to arrests on Tuesday of the hospital's owner, Edward Novak, 58, of Park Ridge, as well as another executive and four doctors in an alleged conspiracy to exchange kickbacks for referral of patients insured by Medicare and Medicaid. The arrested doctors allegedly received kickbacks from the hospital totaling more than $225,000, the 90-page complaint said.

The complaint didn't indicate how much the hospital may have profited from the alleged unnecessary procedures.

"We will not allow patients to be pawns for profit," a Chicago-based U.S. health and human services inspector, Lamont Pugh III, told reporters Tuesday. He added that such alleged kickback schemes "corrupt the medical decision making process."

None of the six arrested Tuesday is charged in connection with the alleged unneeded procedures, which is part of an ongoing criminal investigation of the 119-bed hospital. They are charged with conspiracy to violate the federal anti-kickback statute.

One of the doctors arrested Tuesday, urologist Subir Maitra, of Chicago, was allegedly heard in another secret recording as lamenting that he once made "so much money" from doing penile-implant procedures — but that he no longer performed as many because Medicare had decreased its rates of reimbursement, the complaint says.

The 73-year-old's attorney, Thomas Durkin, said his client denied any wrongdoing.

In a secret recording of Novak by an administrator cooperating with investigators, Novak states tracheotomies are Sacred Heart's "biggest money maker" as he appeared to acquiesce to unneeded tracheotomies. He allegedly adds the hospital can make $160,000 for a single tracheotomy if the patient stays 27 days, according to prosecutors.

Hospital staff told investigators another doctor allegedly working with the doctor performing the tracheotomies would intentionally over-sedate elderly and disabled patients so they would eventually be unable to breathe on their own — extending their stays and leading to tracheotomies, both of which boosted revenues, the complaint says.

The complaint said the doctors suspected of involvement in performing unnecessary tracheotomies worked inside the hospital, unlike the doctors arrested Tuesday. Federal authorities left open the possibility those two doctors and others could face charges.

Looking tired and disheveled — several of the arrested doctors wearing T-shirts — Novak and the five others appeared together in federal court Tuesday afternoon. Prosecutors explained the charges to them, but they will enter pleas later. A conviction on a charge of violating the federal anti-kickback statute carries a maximum five-year prison sentence.

U.S. Magistrate Judge Daniel Martin ordered that Novak, the executive and one of the doctors be held at least until a detention hearing set for Friday. The others, including Maitra, were released Tuesday afternoon and they did not speak to reporters. Messages left at Novak's office were not returned Tuesday, and there was no answer at a residential number for him.

Hospital Chief Nursing Officer Jim Bailey said in a statement that the Sacred Heart Hospital is cooperating with law enforcement and continuing to provide patient care.

The FBI raided the west side Chicago hospital on Tuesday morning, serving warrants and carting away evidence. About $2 million in Medicare reimbursement payments also were seized on Tuesday from various bank accounts, prosecutors said.

The death rate among those who received tracheotomies by the doctor from 2010 to 2013 was nearly 18 percent within 14 days of surgery; that's well above the around 6 percent rate performed by other surgeons, according to the complaint.

Authorities decided to move ahead with arrests, in part, after discovering the possibility recently that unnecessary procedures were being done and when one patient may have been singled out for an uneeded tracheotomy, authorities said Tuesday.

"When we learned about these procedures, we did everything we could to stop them from happening," said Gary Shapiro, who is the interim U.S. attorney in Chicago.

The hospital has some 40 patients currently and public health officials are closely monitoring their care, he said.

Illinois Department of Public Health said in a Tuesday statement it is assessing Sacred Heart's ability to care for patients and will conduct a full inspection.

Wednesday, May 22, 2013

Kaiser incorrectly told patient that surgery would be "routine"; kidney and lung damage resulted

Bleeding Risk Not Revealed, Kaiser Patient Says
By BARBARA WALLACE
Courthouse News
May 21, 2013

PORTLAND, Ore. (CN) - When a 410-pound woman consulted a Kaiser obstetrician-gynecologist about the feasibility of becoming pregnant, the doctor recommended uterine surgery but did not warn her about the risk of complications due to her weight, the woman claims in court.

Dr. Rachel Algenio told plaintiff Karen Carmocan about a fibroid tumor on her uterus in 2008, according to the complaint. Yet, "it was not until 2011 when Dr. Algenio advised Karen that the said growth would interfere with her ability to have children and because of such, Dr. Algenio recommended that Karen have surgery to remove the growth from her uterus. Dr. Algenio represented to Karen that if she had the tumor removed she should be able to give birth to a child," the complaint states.

Carmocan initiated a discussion with Dr. Algenio about pre-surgical blood storage in case she needed a transfusion, according to the complaint. However, Dr. Algenio dissuaded her, saying it was not necessary because the procedure was "routine," the complaint continues.

Carmocan lost a higher than usual amount of blood and she began to have complications in the days following the operation, the complaint says. The complications included nausea and vomiting, breathing difficulties, excessive coughing and an unusually high level of white blood cells, according to the complaint. "An elevated white blood cell count can be an indication of an infection in the body," the complaint says. She needed to use a walker to walk because the blood loss had made her anemic, the complaint continues. After another two days, Carmocan was given a transfusion, but the anemia symptoms continued, as well as the coughing and vomiting, according to the complaint.

A day after she went home, Carmocan was back in the hospital because of her continuing problems, where she was diagnosed with pneumonia and sepsis, the complaint says.

Carmocan blames Kaiser for the pneumonia and subsequent permanent lung damage, alleging it was caused by aspirated stomach contents from her untreated post-operative vomiting. She also claims excessive use of the antibiotic Vancomycin, given for the pneumonia, caused kidney failure and irreversible kidney damage. "Anemia played a significant role in the events that followed Karen's surgery," the complaint says, depriving her brain and other organs of red blood cells and oxygen for an extended period. Carmocan says Dr. Algenio breached the standard of care by causing the excessive blood loss, not anticipating anemia as a likely result and not replacing the lost blood sufficiently before sending her home.

Carmocan says Kaiser should have anticipated and warned her about "the problems that can occur during and following surgery performed on a person weighing 400 pounds," including "the increased risk of intraoperative bleeding in a patient when the surgical field is deep below an abdominal wall that is several inches thick" as well as "the increased risk of post-operative pneumonia in a patient whose extremely large body reduces the ability to breathe deeply and move about in the bed."

"Had Karen been advised by Dr. Algenio of the severity of risk of the procedure, especially the risks related to Karen's excessive weight, such as the increased risk of intraoperative bleeding," she would have decided not to pursue the surgery, she says.

Karen Carmocan gave up an educational goal of becoming a family counselor so that she and her husband, Dan, could try to have a family of their own, according to the complaint. However, "defendant's staff has represented to Karen that if she were to now become pregnant she would need to be placed on kidney dialysis during the time of the pregnancy, and even if she were to be placed on kidney dialysis, Karen would still have little chance of being able to bear a child," she says.

Karen and Dan Carmocan are suing in Multnomah County Circuit Court for $1.3 million.

Wednesday, May 15, 2013

Medical Board of California, led by Kaiser doctor Sharon Levine, has an inept, do-nothing approach to oversight

Legislature should pull plug on inept Medical Board of California
Legislators should sunset the medical board's do-nothing, know-nothing membership and executive director, and start over fresh.
By Michael Hiltzik
Los Angeles Times
April 26, 2013

The time has come to put the Medical Board of California out of its misery.

The board oversees the licensing of doctors and their discipline for misdeeds or incompetence. It also has jurisdiction over doctor-owned surgical clinics. Long ago the board acquired the reputation of being one of the least effective regulatory bodies in Sacramento.

But evidence has mounted that it's worse: It's a danger to the community.

Because of its ineffectiveness in a variety of spheres, patients have died. Dangerous doctors have been allowed to continue operating for years after their malpractice first surfaced; surgical clinics allowed to remain open for years after dangerous conditions there were identified.


Today the board is facing a sort of medical crisis of its own: It's up for legislative re-authorization under the state's sunset rules. The legislators in charge of that procedure are talking about rubbing out the current membership and their executive director as of Jan. 1, and starting over fresh.

"That's not an idle threat," says Sen. Curren Price (D-Los Angeles), who chairs the board's sunset review with Assemblyman Richard Gordon (D-Menlo Park).

Let's hope not.

The board has sat inertly by while its disciplinary program against incompetent and dangerous doctors falls to pieces. Its regulation of the 1,200 physician-owned outpatient surgical centers under its jurisdiction — settings where patients routinely undergo surgery under potentially life-threatening conditions — is almost nonexistent.

"People are dying at these outpatient centers and your paramount responsibility is to keep that from happening," Julie D'Angelo Fellmeth, a San Diego public interest lawyer who was appointed by the legislature to monitor the board's enforcement program in 2003-2005, lectured the members last week. One would think the board knew that, but the news seemed to strike the members like a bolt from the blue.

The board's enforcement record is dismal. Since 2007 California has typically ranked among the worst states in terms of serious disciplinary actions per 1,000 licensed physicians; the public interest group Public Citizen reported in 2011 that the board had failed to take action against more than 700 physicians whose privileges had been reduced or revoked by hospitals or other clinical settings, including 102 who had been found to pose an "immediate threat" to patients.

The board says statewide hiring freezes and furloughs have eroded its enforcement staff. But in 2010 it was given the authority to hire 18 investigators despite the freeze. It still hasn't filled the positions.

The real crime of the medical board's nonfeasance is that it's a fraud on the public. Today's board is largely the product of a major change in malpractice oversight in 1975. That's when the legislature enacted MICRA, the Medical Injury Compensation Reform Act, to address a largely fabricated malpractice insurance "crisis." MICRA limited payouts for malpractice judgments so severely that it effectively made malpractice lawsuits extinct in California.

In return for the elimination of patient lawsuits as a check on dangerous doctors, the medical profession agreed to accept tougher disciplinary standards and procedures from regulators. After a few more legislative tweaks, the medical board was born.

But the promise of tougher enforcement never was fulfilled. The legislature and governor's office deserve plenty of blame for that. Although the board is funded entirely from license fees paid by doctors, not from taxpayer revenue, it wasn't exempted from the layoffs and furloughs imposed by the Schwarzenegger administration as budget-cutting measures. Meanwhile, medical lobbies such as the California Medical Assn. have opposed efforts to increase license fees to adequately fund the board's activities.

The board, which by law comprises eight physicians and seven "public" members, is unpaid except for expenses and per diems while on official business. (Four seats subject to appointment by Gov. Jerry Brown are currently vacant.) Californians get what they pay for: The members don't seem to have any conception of the breadth of their authority, and precious little inclination to use it.

That was made evident by board President Sharon Levine's appearance on March 11 before the sunset committee headed by Price and Gordon. Levine, an executive at Kaiser Permanente, made some remarkable assertions in her testimony. For example, she excused the board's terrible record on discipline by explaining that it must wait for a complaint from a patient or other outside source before opening an investigation of a doctor.

In deference to Levine's tenure on the medical board, which started in 2009 (she became president last year), I'm inclined to take a charitable view of this statement. So I'll merely call it the single most ignorant description by a government regulator of his or her authority I've heard in 30 years.

The fact is that the board has all the power it needs to act on its own, with or without a complaint; indeed, such proactivity is the hallmark of effective state medical boards. In a blistering letter following the hearing, Price and Gordon cited the specific provision of California law that "unequivocally authorizes" the board to initiate its own investigations.

More blunders came when Levine addressed the board's oversight of outpatient surgery centers owned by physicians, which came under its jurisdiction as the result of a state court ruling in 2007.

The board has outsourced oversight of these clinics, which perform an increasing number of such serious procedures as weight-loss and cosmetic surgeries, to four private, nonprofit accreditation organizations. These accreditors are not government regulators. They don't have subpoena power or the authority to close down a dangerous clinic, and they don't have consistent standards or procedures for granting accreditation.

Thursday, May 9, 2013

"Horrific" consequences of Kaiser Permanente's failure to properly monitor bladder patient during and after surgery

See comparison of Kaiser urology department with other medical centers.

Patient Blames Kaiser for 'Horrific Events'
By BARBARA WALLACE
Courthouse News Service
May 08, 2013

DENVER (CN) - Two Kaiser doctors and a nurse practitioner overlooked an important lab test for a patient about to undergo bladder surgery, and both doctors made mistakes during the surgery, resulting in a "cascade of horrifying complications," the patient says in a complaint filed in Denver District Court.

Urologist Mina Shabnam Lee diagnosed 71-year-old Josephine Jansen with a mass in her bladder in April of 2011 and recommended a surgical procedure called a "bladder transurethral resection neoplasm," according to Jansen's complaint.

A nurse practitioner, Andrea Anderson, performed a pre-operative examination and Dr. Lee ordered lab work, the complaint states. Nonetheless, neither they nor the anesthesiologist, Thomas Arthur Gettelman, ordered a test of Jansen's sodium level, according to the complaint. "Either defendant Anderson or defendant Lee or defendant Gettelman could have easily ordered a simple blood test which would have included a panel of electrolytes such as sodium. The ordering of a sodium lab value is extremely easy, and non harmful to the patient, and would only take a matter of minutes to obtain. However, the priorities of each defendant were such as not to obtain this test. Moreover at least one of the drugs that the plaintiff was taking, Hydrochlorothiazide, (HCTZ) is a diuretic and has the effect of lowering some electrolyte lab values," Jansen says in her complaint.

"During the surgical procedure performed by defendant Lee, various and serious complications occurred," the complaint continues, including a ruptured bladder, and aspiration of stomach contents into Jansen's airway because Dr. Gettelman was "negligent in the performance of his duties as an anesthesiologist during the operative period," according to the complaint.

The complaint states that Dr. Lee, failed "to adequately consider the effects of fluid absorption as a result of the surgical misadventure."

"Defendant's superficial approach to this patient - particularly in having no understanding of her sodium prior to surgery - set into motion the cascade of horrifying complications which followed the surgery. And her operative and post operative mismanagement (especially in not ordering serum sodium immediately post surgery) caused further and increased harm to plaintiff," the complaint states.

"Following the surgery the plaintiff sustained severe and irreparable injury. She went into shock caused by abnormal and an almost deadly level of sodium, plaintiff's bladder was ruptured during the surgery and shortly following the surgery it was determined that plaintiff had developed severe hyponatremia which was complicated by acute cardiac decompression due to the stress induced cardiomyopathy, respiratory failure, renal failure requiring dialysis, prolonged ventilation, and significant neurological injuries. This cascade of horrific events including multi organ failure, were caused by the negligence of the defendants," Jansen's complaint says.

"Much of her damages are permanent in nature and her life has been forever changed," the complaint states. "The plaintiff has incurred substantial economic losses including the loss of her career."

Plaintiff is represented by John Astuno, Jr. of Denver.

Friday, April 26, 2013

Kaiser surgeon, or surgical resident, bungles colostomy closure, patient passes stool through vagina

Woman Blames Kaiser for Poop Through Vagina
By BARBARA WALLACE
Courthouse News
April 25, 2013

PORTLAND (CN) - A Kaiser surgeon, or a surgical resident practicing under a surgeon, bungled Vicki Lopez-Lunn's colostomy closure, puncturing her vagina with one or more staples and causing an abnormal opening between her colon and vagina, Lopez-Lunn claims in a malpractice lawsuit filed in Multnomah County Circuit Court. "As a result, Ms. Lopez-Lunn began passing stool through her vagina," according to the complaint.

James W. Dennis, M.D. and Emily Bubbers, M.D. are named as defendants.

"Vicki Lopez-Lunn was never informed of the increased risks associated with having a resident surgeon, [such as] Emily Bubbers, M.D. perform surgical procedures like the one performed on plaintiff," the complaint states. "Had Dr. Dennis and /or Dr. Bubbers informed Ms. Lopez-Lunn of the risks associated with this surgery, Ms. Lopez-Lunn would have elected not to proceed with the surgery."

"Defendant Dennis and/or Bubbers knew or in the exercise of reasonable care should have known that puncturing Ms. Lopez-Lunn's vaginal cuff with surgical staples would cause injury to Ms. Lopez-Lunn," the complaint asserts.

The plaintiff is seeking $1.7 million in damages and is represented by Clayton Morrison of Beaverton, Ore.

Tuesday, December 4, 2012

Family, Kaiser Reach Settlement in Malpractice Complaint in severe burns by antibiotic incorrectly administered

It's hard to imagine the burns this child suffered; click on the title below to see a photo of the injury.

Family, Kaiser Reach Settlement in Malpractice Complaint
Sonseeahray Tonsall
FOX40
Dec. 5, 2012

FOX40 first reported what happened to little Mia Stevens back in September.

Then, her parents were fighting for recognition of what they say was an inexcusable mistake by Kaiser Roseville and help for the healing Mia will need in the future.

Now, they say they have both.

These days, Mia Stevens is learning how to be a great big sister to two-week-old Mya and she’s still learning how to deal with what happened to her last may at Kaiser Roseville.

She received third degree burns on her right arm when IV antibiotics were pumped into her tiny hand instead of a vein, scarring her from the inside out.

But now, along with a baby sister, the other new development in her life is a settlement with the hospital where she was hurt.

“They wanted to do all they can to help Mia and that’s all we wanted for Mia,” said her father, Charles Stevens.

Mia’s parents couldn’t sue the hospital in open court because they signed that right away, as all Kaiser patients do, when they enrolled for coverage.

They were allowed to seek relief through arbitration, something they say other parents shouldn’t be afraid to do.

“When we’re sick we need to go to the doctor, but no one’s perfect,” said Stevens. “Most medical malpractice cases are not pursued, they’re just forgotten. They’re swept under the rug, so I admire the Stevens family for saying, ‘We’re going to do something about this not only for our child, but to prevent it from happening to other children,’” said Moseley Collins, Stevens’ family attorney.

In their original demands, the Stevens family asked for extra training for nurses to stop another injury like this.

In statements to FOX40, Kaiser has said, “We are very sorry that this occurred and understand how distressing it is for Mia and her family. A situation like this should not occur.”

Settlement terms keep the Stevens from discussing specific monetary or educational concessions made by the hospital, but they’re confident all is being done so that Mia’s case stands alone.

When FOX 40 visited Mia Monday she was taking a break from wearing the compression glove that is part of her treatment to control scarring.

That is the big concern for her future along with maintaining function. Her recovery is far from over.

Friday, November 2, 2012

Asphyxia Brain Damaged Second Twin, Mom Says

Asphyxia Brain Damaged Second Twin, Mom Says
By TISH KRAFT
Courthouse News
November 02, 2012

SANTA ANA, Calif. (CN) - Kaiser Permanente's botched prenatal, labor, delivery and post-natal care for a pregnancy, leaving her baby brain damaged, says a newborn's mother in a complaint filed in Orange County Superior Court.

The minor plaintiff, born after his twin, who had died in utero, developed hypoxic ischemic encephalopathy, according to the complaint.

Kaiser botched "the examinations, ultrasounds, evaluations, diagnosis, care and treatment" of mother and son, her complaint says.

Kaiser also "failed to properly advise the plaintiff's mother of any possible alternative methods of diagnosis and treatment and the possible attendant risks or diagnosis or treatment thereby failing to obtain a free and informed consent," according to the complaint.

Because of his illness, the boy will need "past and future medical care, nursing care, attendant, rehabilitation, physical and occupational therapy, speech therapy, educational therapy and attendant expenses," according to the complaint. He also has lost earning capacity, and experienced severe pain and physical and emotional suffering, according to the complaint.

The woman claims in her complaint that defendants, Children's Hospital of Orange County and 10 doctors, were negligent in caring for her newborn's multiple injuries related to his hypoxic ischemic encephalopathy, including, his kidneys, his neurologic system and his heart. These defendants were negligent in failing to appropriately monitor and treat the baby's hypertension, which ultimately caused additional damage to his kidneys, heart and brain, according to the complaint.

Plaintiffs sue for medical malpractice and negligent infliction of emotional distress, and are represented by Marshall Silberberg of Irvine.

Wednesday, September 5, 2012

Man Wins Lawsuit Against Kaiser Permanente; first time a Fresno jury finds Kaiser guilty of malpractice

I doubt that this was the first time that Fresno Kaiser failed to properly care for a patient. It's just the first time that Kaiser lawyers failed to convince a Fresno jury that Kaiser shouldn't have to pay for patient's damages.

Kerman Man Wins Lawsuit Against Kaiser Permanente
By Audrey Asistio
KSEE24 News
September 4, 2012

It's been a rough three years for Dusten Chevalier. Before the 27-year-old became confined to a wheelchair, he loved the outdoors. Racing dirt bikes, football, baseball, he did it all. But Chevalier says that all changed after he ended up in a Kaiser Permenente emergency room, in Fresno.

“It all started off with my stomach hurting and I actually got my appendix taken out. When I got home my if side was kind of hurting and was a little red. So we went back to the ER. Come to find out, I had an infection but they never told me any of this. I didn't even know I had a blood test pending,” said Chevalier.

He says the hospital failed to tell him that he tested positive for MRSA, an infection that could be fatal. The infection went untreated and he eventually lost the use of his legs and feet.

“At first it didn't seem real. It was hard to even imagine my life now, because before I was really into sports everything I did was outside. It was hard. It still is. Every day is really hard, but I don't know I'm just thankful I'm alive because I could have died,” expressed Chevalier.

Chevalier took Kaiser to court. After a month long battle, The jury verdict included damages in the total amount of $5,000,000.

Kaiser Permanente released a statement regarding this case that reads in part, “Kaiser Permanente, immediately after diagnosing the patient's infection, made repeated attempts to contact him to get him the treatment he needed. This was to no avail, as he provided inaccurate addresses and contact information. Kaiser Permanente went so far as to contact the Clovis Police Department to help locate the patient to get him to come in for treatment. Given these facts the jury found that, for the most part, much of the responsibility in this case fell upon the plaintiff himself, thus reducing the award by 70%.” This means Kaiser will only need to pay Chevalier 1.5 million dollars.

Chevalier claims he provided Kaiser with accurate contact information. Medical experts say the cost of his care will cost millions of dollars over the course of his lifetime.

Chevalier's attorney says this is the first time a Fresno County Jury ruled against Kaiser Permanente in a malpractice case.