Medical Malpractice

February 18, 2019

Families Demand Answers from Doctor and Hospital Responsible for 28 Fatal Opioid Overdoses

A stunning and heartbreaking story about the unnecessary deaths of 28 emergency room patients caused by lethal doses of opiates prescribed by a single emergency room doctor has left families with two questions: Was the doctor woefully incompetent or intentionally murdering his patients? And, just as shockingly, how did a hospital allow the doctor to prescribe and administer a deadly dose of fentanyl to so many patients?

According to NBC News, Dr. William Husel, an intensive care doctor, is responsible for the deaths of 34 patients between 2015 and 2018. According to a hospital investigation, 28 of these patients died after receiving a dose of fentanyl 10 times higher than normal. In some circumstances, pain medication was unnecessary and administered without the patient’s permission. Dr. Husel’s medical license was suspended permanently last week without a hearing, a rare action depicting the gravity of his barbarous actions. Before the Ohio Medical Board’s action, the attorney general for the state called Dr. Husel “a serial killer on the loose with a medical license and access to fentanyl.” A criminal investigation is currently underway, but no homicide charges have been filed against the deadly doctor.

February 8, 2019

The Rate of Women Dying During Birth Continues to Increase in America

by Gallivan & Gallivan

America is one of only two countries in the world where the rate of deaths during pregnancy increased between 1990 and 2018. In an exhaustive expose in National Geographic, the news magazine details the causes of the country’s high rate of death for pregnant women, the widening racial disparity, and the progress meant to help alleviate the unnecessary and tragic problem. Given the increased attention to the issue in recent years, public health advocates are hopeful the trend will begin reversing itself in the next few years.

Overall, 700 women die each year giving birth in the United States – a rate of approximately 14 deaths per 100,000 births. However, this data does not show the wide racial disparities in the maternal death rate. For black Americans, the likelihood of dying during birth is more than three times higher than the average at 47 maternal deaths per 100,000 births. Native Americans also have a higher maternal death rate at almost 39 per 100,000. Comparatively, Hispanic and Asian American women have a lower-than-average rate of maternal deaths at 12.2 and 11.6, respectively. Researchers and public health advocates say the high maternal death rates are directly linked to a woman’s ability to access adequate prenatal healthcare – with almost 9 percent of black Americans receiving no prenatal care before giving birth. The research found a full 60 percent of the maternal deaths last year were fully preventable. Continue reading

February 5, 2019

New HBO Documentary “Bleed Out” Shines Light on Medical Errors

by Gallivan & Gallivan

The new documentary “Bleed Out” provides an infuriating first-hand account of a routine surgery that went horribly wrong and changed a woman’s life. The documentary, which was released on HBO this month, dives into the third most common killer of Americans – preventable medical errors. According to a study released by Johns Hopkins University, medical errors kill 250,000 Americans each year.

The harrowing documentary follows Judie Burrows, who went in for a routine hip replacement surgery almost a decade ago and is now unable to speak, broke, and suicidal. According to her son, Steve Burrows, comedian and documentarian, his mother fell down in November 2009 and broke her hip. After spending eight days in a Wisconsin hospital without any plan of care, the hospital finally performed X-rays and rushed the woman into heart surgery. Unfortunately, the doctors in charge of caring for Judie did not consider her daily blood-thinner medication and the patient ended up losing half of her blood during the surgery.

February 4, 2019

NY Doctor Failed to Diagnose Glaucoma Resulting in Blindness

by Gallivan & Gallivan

A Brooklyn jury returned a $15 million verdict in a lawsuit against a Brooklyn hospital after the patient’s doctor at the hospital failed to diagnose glaucoma on several different occasions, according to the Associated Press. After complaining of blurred vision and pressure around her eyes, both symptoms of the degenerative disease, Amanda Velasquez set up an appointment with her obstetrician. Dr. Reginald Ruiz, at Woodhull Medical Center. Dr. Ruiz told Velasquez, who was seven months pregnant at the time of the appointment, that her eye problems were related to her pregnancy and she should not be concerned.

With her vision continuing to decline, Velasquez complained about her vision and the pressure around her eyes at six different appointments with Dr. Ruiz over the following two months. According to her testimony before the New York Supreme Court, the lowest court in the state, Velasquez knew something was seriously wrong after she gave birth and could not see the child on her lap. She immediately made an appointment at New York Eye and Ear Infirmary, where she was diagnosed with glaucoma. By the time Velasquez could undergo surgery, she was already 90 percent blind and the damage to her vision was irreversible.

December 26, 2018

After Committing Medical Malpractice in Another State, Doctors Can Still Practice in New York

by Gallivan & Gallivan

Doctors accused of medical malpractice or other unprofessional conduct in another state may still be able to practice in New York State. In a report analyzing 250 doctors accused of professional misconduct, USA Today found that doctors accused of running pill mills, were found liable for medical malpractice, and engaging in inappropriate relationships with their patients, are still practicing medicine – just in a different state. In most states, including New York, a doctor who voluntarily surrenders his license in a different state is not automatically disqualified from practicing medicine.

Unlike most states, however, New York even allows some doctors with felony convictions to practice medicine. Under New York’s licensing scheme for doctors, a medical board is allowed to approve or deny a doctor’s license to practice medicine in the state based on their own criteria. In circumstances where a doctor voluntarily relinquishes his or her license in another state, there is rarely a “paper trail” describing any misconduct. According to LoHud.com, some states do not track allegations of misconduct against doctors and other states do not make the information available to licensing boards in other states. This haphazard system undoubtedly endangers these doctor’s patients.

December 22, 2018

Patient Safety Ratings at New York Hospitals Drop

by Gallivan & Gallivan

Continuing the state’s decade-long decline, New York ranked a dismal 48^th in overall patient safety. The rankings, which are released twice each year by the non-profit organization Leapfrog Group, compile data from hospitals across the country and measure the rate of medical errors, infections and injuries, and patient satisfaction, to determine each hospital’s ranking. Since Leapfrog Group began ranking patient safety in 2012, New York has fallen from 40^th worst state in the country to 48^th. In the tri-state area, Connecticut also ranks low for patient safety while New Jersey ranks among the best states in the country.

According to Leapfrog, the worst hospitals in the state are located in New York City and upstate. In fact, five of the 20 hospitals across the country that received an “F” from Leapfrog are located in the five boroughs. In the Hudson Valley, the hospital results were mixed. Here are Leapfrog’s patient safety ratings for the local-area hospitals:

A

December 20, 2018

Mixed Results for Hospital Efforts to Lower Rate of Bedsores

by Gallivan & Gallivan

The rate of bedsores, or pressure injuries, declined 23 percent between 2010 and 2014. However, the decline in bedsores across the country is mostly caused by a reduction in early-stage sores, according to a new report by Health Affairs. According to the study, early-stage bedsores comprised 96 percent of the nationwide reduction in bedsore rates. The rate of late-stage bedsores, which are more harmful and expensive, has mostly remained constant over the past decade, according to the published research.

Bedsores are one of the most common and preventable medical errors occurring in hospitals across the country. Bedsores, also called pressure injuries or pressure sores, can be excruciatingly painful and may not heal for months or years. In many cases, this preventable medical error does not heal – an estimated 60,000 Americans die each year from bedsores, according to Health Affairs. For these reasons, federal and state governments across the country have cracked down on hospitals and nursing homes with high rates of pressure ulcers. Beginning in 2008, Medicare began paying less to hospitals with high rates of hospital-acquired pressure ulcers. States across the country have also heightened enforcement by tracking the rates of pressure ulcers at hospitals across the state and imposing various penalties for hospitals with above-average rates of pressure ulcers.

November 13, 2018

Jury Hands Life Sentence to “Butcher Surgeon” for Medical Malpractice

by Gallivan & Gallivan

A Texan surgeon is going to spend the rest of his life in prison because of his horrific incompetence on the operating table. The almost unbelievable case follows Doctor Christopher Duntsch who managed to maim 32 of his patients. Nicknamed by local newspapers as “Dr. Death,” the criminal conviction shows how a broken system allowed a deranged, drug-addled, and incompetent doctor to harm so many of his patients.

After studying medicine at the University of Tennessee Health Science Center, Duntsch moved to Dallas where he worked at Minimally Invasive Spine Institute, a $600,000-a-year job that only lasted a couple weeks. After leaving the institute, the deranged doctor moved to Baylor Regional Medical Center in Plano. Less than a year into his stint at the prestigious hospital, colleagues begin to describe surgeries gone horrifically wrong. Concerned about excessive blood loss, one surgeon told The Dallas Morning News that he grabbed Duntsch’s medical instruments to stop him from operating. Another doctor described one surgery as “pathetic on what should have been a fairly easy case.”

November 5, 2018

New York Indicts Doctors Who Prescribed Millions of Opiates

by Gallivan & Gallivan

New York charged five doctors for prescribing millions of unnecessary opiates to their patients. State prosecutors describe doctors who led their patients down the dark path of addiction, and in some cases even death, solely for personal profit. The criminal complaint against the five doctors, which lists several other co-conspirators, including a White Plains pharmacist, is part of a string of lawsuits meant to hold reckless doctors, pharmacies, and pharmaceutical companies responsible for the opioid epidemic that seems to only grow worse each year.

According to New York prosecutors, these five doctors’ malpractice was so brazen that addicts from across the Northeast came to their clinics. Carl Anderson, one of the indicted doctors, ran a pill mill in Staten Island with “lines at all hours of the night,” according to The New York Times. Many of the doctor’s patients died from overdoses, including two of Anderson’s employees. According to the indictment, the crooked doctor received millions of dollars for the oxycodone prescriptions he carelessly wrote to his patients. Another doctor, Dante Cubangbang, ran a pill mill in Queens that wrote an astounding 3.3 million opiate prescriptions over a three-year period, the highest in New York State. A Manhattan psychiatrist prescribed 600,000 oxycodone pills to just 200 patients, warning them not to fill their prescriptions at chain pharmacies to avoid scrutiny.

November 3, 2018

Maternal Mortality Rates Skyrocket Across Country

by Gallivan & Gallivan

Across the United States, women giving birth are now almost three times more likely to die than they were just three decades ago. In a new report published by the Centers for Disease Control and Prevention, the United States now leads the developed world in maternity mortality. Tragically, the majority of these deaths fall upon poor women and women of color. Perhaps even worse, the study shows that the majority of these deaths are completely preventable. With the increased attention on infant mortality rates in recent years, it appears medical professionals and researchers need to focus their efforts on improving the health of both the pregnant mother and the infant.

The wide-ranging report published by the government agency surveyed nine states to identify the characteristics and causes of maternal deaths, and consequently provide recommendations for reducing the nation’s shamefully high mortality rate. After collecting data from the states, the CDC reports that almost 60 percent of maternal deaths are preventable. The most common causes of death among all Americans were hemorrhaging, cardiovascular and coronary conditions, and infections.