Articles Posted in Medical Malpractice

The Boston Globe is reporting that there have been 38 incidents since 2006 in which Massachusetts surgeons have performed surgeries on the wrong part of the body. Their review found that bungled spine surgeries account for more of these surgeries than any other kind of surgery performed, with four of the 11 botched spinal surgeries performed at New England Baptist over a 10-month period. Another hospital where a number of botched spinal surgeries occurred is the Lahey Clinic in Burlington.

Fortunately, no serious spinal disabilities or wrongful deaths have occurred from the surgeries. However, certain surgeries resulted in the wrong bulging disc being taken out or the wrong vertebrae fused together. During three incidents, the mistakes were identified during surgery, and the surgeons were able to correct the error before the procedure was over.

One reason why it is not difficult to operate on the wrong area of the spine is that all 33 vertebrae look very similar. While doctors will usually count the vertebrae and consult multiple x-rays to make sure they are performing the procedure on the right area, counting errors can occur.

Misinterpreting medical films is another cause of spinal surgery errors. Errors during spinal procedures can also happen when people have abnormal spine or osteoporotic bone, which makes it hard to distinguish between vertebrae.

Surgical Errors
Sometimes, surgical errors can cause a patient to experience greater pain or discomfort or other health complications can arise. An incident of surgical malpractice can lead to further treatments, surgeries, and other procedures that may not have been required otherwise.

Most surgery in wrong spot done on spine, Boston.com, July 30, 2008
Related Web Resources:

Massachusetts Department of Public Health

Spinal Surgery Complications
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In Massachusetts, the family of Winston Napier, a 55-year-old Clark University Professor that committed suicide inside his St. Vincent Hospital room last month, is wondering why he wasn’t under close watch even after he had threatened to commit suicide.

Worcester police are also wondering why they were never told of his death. The police and the Worcester district attorney’s office have subpoenaed the hospital for Napier’s medical records. According to Massachusetts law, police must be informed of any deaths that occur in any city, even if suicide is the cause of death.

On May 12, Clark University Police Chief Stephen Goulet contacted Worcester police and asked them to check on Napier. Police found Napier at his apartment. He was unable to answer the door and he appeared “confused.”

He was transported to St. Vincent Hospital and a CT scan was performed. Napier was diagnosed with a subdural hematoma and underwent emergency surgery. His family believes the injury occurred several weeks prior when he was struck by a pizza delivery door while riding a bicycle. The impact caused him to hit the door and fall onto the floor. The pizza delivery driver did not see Napier as he opened the door.

Following the emergency surgery, a nurse at St. Vincent Hospital said Napier’s behavior appeared off. He reportedly made a suicidal gesture with a knife on May 15 and was placed under 24-hour observation. A psychiatric evaluation was ordered.

The family claims that the evaluation never took place and Napier was taken off the watch. ON May 16, Napier hung himself from the shower. He was then reportedly resuscitated and placed on a breathing machine. He was declared dead on May 18.

The hospital says that they notified the medical examiner and the Department of Public Health. Police say they cannot properly investigate the death scene because Napier was removed from the scene and his room had been cleaned.

Medical care providers are supposed to ensure that hospital patients get the proper medical care and attention. Failure to provide that care can be grounds fora medical malpractice claim or lawsuit.

Clark professor’s death probed, Telegram.com, June 2, 2008
Clark mourning the loss of popular scholar, Telegram.com June 1, 2008

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Winston Napier
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In Massachusetts, Boston-area psychiatrist Dr. Kayoko Kifuji is being sued for the wrongful death of 4-year-old Rebecca Riley. Rebecca died in 2006 following an overdose of psychiatric drugs.

The lawsuit, filed in Suffolk Superior Court, alleges that Rebecca was mostly prescribed drugs over the phone, using “slipshod diagnosis.”

Kifuji had diagnosed Rebecca with attention deficit and hyperactivity disorder and bipolar disorder. She prescribed Seroquel, Clonidine, and Depakote.

Medical regulators in Massachusetts suspended the medical license of Dr. Suzanne B. Rothchild, a Winchester Hospital obstetrician. The Board of Registration in Medicine called Rothchild “an immediate and serious threat to public health.”

Since the board’s decision, Winchester Hospital has suspended Rothchild’s medical privileges. The hospital has disciplined her for medical care that she provided on more than one occasion.

The board elected to suspend the 59-year-old obstetrician after examining nine cases alleging that she provided poor medical care. In 2007, her malpractice insurance company, ProMutual Group, refused to insure her new patients.

Since 1993, 12 medical malpractice lawsuits have been filed naming Rothchild as a defendant. Board of Registration records show that she has settled four medical malpractice lawsuits since 2005.

Rothchild settled a malpractice case in 2000 where she was accused of going to lunch at a critical point of her patient’s labor. The baby died soon after delivery of heart and respiratory failure. In another case, She settled a multimillion-dollar settlement with the family of a baby born with brain damage.

Rothschild’s lawyer calls the board’s suspension “unjustified.”

Obstetrician’s malpractice history stretches to Texas; Winchester Hospital slow on incident reporting, PatriotLedger.com, March 14, 2008
State suspends obstetrician’s license, Boston.com, March 13, 2008

Related Web Resources:

Obstetrics and Medical Malpractice, WrongDiagnosis, March 14, 2008
High cost of malpractice insurance threatens supply of ob/gyns, especially in some urban areas, Med.umich.edu, June 1, 2005
Winchester Hospital
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A jury in Massachusetts awarded Fitchburg resident Audrey Serrano $2.5 million in her medical malpractice lawsuit against Dr. Kwan Lai, the doctor who misdiagnosed her with HIV.

Serrano was treated for HIV for nearly nine years before she found out that she never had the virus. Her treatments included powerful drugs that caused her to experience depression and a number of health problems, including chronic fatigue, depression, and inflammation of the intestine. Dr. Kwan Lai reportedly did not order definitive tests to confirm that Serrano definitely had HIV.

If you were injured or got sick because a doctor or any other medical provider misdiagnosed your illness, you should speak with a Massachusetts medical malpractice lawyer who can help you determine whether you have reason to file a medical malpractice claim or lawsuit.