Whistleblower Lawsuit Claims Misdiagnosis, Cover-Up At KU Hospital | KCUR

Lee Tilson lee.tilson at GMAIL.COM
Tue Jul 5 01:29:28 UTC 2016


One of the lessons of the American system of government is that perhaps the
best we can hope for in organizations of human beings is to establish
checks and balances.

I wonder, if truth and honesty was the real value, why not videotape
surgeries? Or perhaps I should say, why not videotape them and let patients
access the videos?

Three times, immediate family members have been adversely affected by
medical errors. What I care about is trying to prevent injuries. There are
vehicles for preventing injuries that do  not require a. addressing whether
errors have been made or b. changing human nature so that everyone is
honest.

We should make injury prevention the primary goal.

Lee Tilson





On Mon, Jul 4, 2016 at 3:04 PM, Edward Winslow <edbjwinslow at gmail.com>
wrote:

> As Peter noted, if passwords are kept private (A Cultural norm?), adding a
> signature is impossible in most EMRs. In the "big" EMRs, I think that every
> time a chart is accessed the accessor and time of access are stamped.
>
> While I would hope that systems and physicians are above retaliation I
> have seen several instances where people who place an institution in an
> unfavorable light are retaliated against. Even in systems that are supposed
> to be well-intentioned and patient centric, instances come about. One
> physician who presented a paper on a single institution errors in
> echocardiographic diagnoses was let go. The institutional reps said that
> there were multiple reasons why she was let go, but the ball dropped very
> shortly after the ASE presentation. (
> http://www.medpagetoday.com/cardiology/atherosclerosis/24337).
>
> I would estimate that, unfortunately, retaliation is not as uncommon as we
> would hope it would be. Certainly the lay public doesn't know if, or how
> often it occurs.
>
> On Mon, Jul 4, 2016 at 9:08 AM, Peter Dayton MD <pdayton at comcast.net>
> wrote:
>
>> This whole line of discussion seems to be at odds with a Just Culture.
>> Sad to see administrators and colleagues behaving in such a way.  The EMR
>> secures physicians signatures and if there are appropriate security measure
>> where passwords are not know by anyone but the licensee it should not be
>> possible to sign someone else’s signature on a report. Again that is more a
>> function of password security and security policy than the EMR. Our IT
>> people force a reset every 90 days for access to our EMR which drives me
>> nuts but it is a necessary evil.
>>
>>
>>
>> I am very aware of Dr. Rand’s case and the issues of expert testimony in
>> med mal cases. I have been doing expert work for many years and the
>> disciplinary process the respective professional societies are imposing is
>> designed to stop egregious statements made in front of lay juries by expert
>> witnesses.  The position of the societies is that their reputation is on
>> trial as well as the experts always are certified by their respective
>> boards and present their opinions to lay juries as a member of the
>> respective societies. After practicing OB for 27 years and looking at
>> dozens of cases some experts give a fair and honest opinion and some say
>> outrageous statements inconsistent with medical evidence. I was once
>> accused of missing the diagnosis of IUGR on a 16 week ultrasound,
>> understanding that fetal growth is very uniform in the first half of
>> pregnancy so a supposed missed diagnosis is in fact an appropriate
>> assignment of gestational age in a patient with irregular menses. There are
>> several notorious “experts” well known to both the plaintiff and defense
>> bar. Tort lawyers have a short list of go to experts on various cases. That
>> is why my work has evolved into 10% plaintiff and 90% defense work. I call
>> it as I see it. Defense counsel like me to look at cases so they know it
>> their client has exposure and should settle because in my experience a lot
>> of cases have real standing unfortunately. The American Congress of OB/GYN
>> has a “Witness Affirmation Statement “ and has a code of ethics :
>>
>>
>>
>> *Expert Witness Conduct and Responsibilities*
>>
>> Fellows who serve as expert witnesses for either the plaintiff or
>> defendant are expected to adhere to the professional principles outlines in
>> ACOG's *Expert Witness Affirmation*, available on the ACOG website.  In
>> brief, ACOG expects Fellows testifying as expert witnesses to:
>>
>> ·        Tell the truth.
>>
>> ·        Evaluate all facts and medical care thoroughly, fairly, and
>> impartially.
>>
>> ·        Include all relevant information.
>>
>> ·        Limit evidence and testimony to subjects about which they have
>> knowledge and relevant experience.
>>
>> ·        Refrain from criticizing or condemning care that meets
>> generally accepted standards in use at the time of the incident.
>>
>> ·        Refuse to endorse practice that does not meet generally
>> accepted standards.
>>
>> ·        Ensure that testimony is complete, objective, and
>> scientifically based.
>>
>> ·        Strive to provide evidence that will help the court achieve a
>> fair outcome.
>>
>> ·        Distinguish between an adverse outcome and substandard care.
>>
>> ·        Make an effort to determine whether alleged substandard care
>> caused the adverse outcome.
>>
>> ·        Submit testimony for peer review if asked.
>>
>> ·        Refuse to accept compensation that depends on the outcome of
>> the case.
>>
>> If you are currently involved in litigation or if you are sued in the
>> future, be sure your attorney knows about ACOG's *Expert Witness
>> Affirmation*.  If an expert witness testifies on your behalf, he or she
>> should sign the affirmation.  Your attorney can use the affirmation to
>> bolster the expert's qualifications and credibility.  If the plaintiff's
>> expert witness has not signed the *Expert Witness Affirmation*, your
>> attorney can raise this in cross-examination.  If the plaintiff's expert
>> witness has signed the affirmation, your attorney can, nevertheless,
>> cross-examine on the expert's failure to adhere to the affirmation's
>> requirements.
>>
>> Other societies have similar processes. This does break down when a
>> formal complaint is made by members to the college about an expert’s
>> testimony. A formal sanction or reprimand for egregious statements will
>> hold physicians accountable and in effect take them out of the “hired gun
>> loop” . I files such a claim many years ago and it went nowhere.
>>
>>
>>
>>
>>
>> Peter M. Dayton MD
>>
>> Medical Director of Patient Safety and Quality
>>
>> Martin Health Systems
>>
>> 1815 Kanner Highway
>>
>> Stuart FL 34994
>>
>> 772-285-4020 cell
>>
>> 772-288-2999 fax
>>
>> 1 Peter 3:15
>>
>>
>>
>> *From:* Lee Tilson [mailto:lee.tilson at GMAIL.COM]
>> *Sent:* Sunday, July 3, 2016 6:37 PM
>> *To:* IMPROVEDX at LIST.IMPROVEDIAGNOSIS.ORG
>> *Subject:* Re: [IMPROVEDX] Whistleblower Lawsuit Claims Misdiagnosis,
>> Cover-Up At KU Hospital | KCUR
>>
>>
>>
>> No, not that I know of.
>>
>> Have you heard of how the American Assoc of Neurosurgeons retaliated
>> against Dr. Robert Rand? Or other neurosurgeons? Or how a chair that tried
>> to get rid of a fraudulent doctor was punished? Retaliation occurs all the
>> time. Details and circumstances are different. The goal and effect is the
>> same: silencing whistleblowers.
>>
>> Feel free to call.
>>
>> Lee Tilson.
>> 313 550 7500
>>
>>
>>
>> On Sun, Jul 3, 2016, 6:24 PM HM Epstein <hmepstein at gmail.com> wrote:
>>
>> Thanks, Lee. Beyond the retaliation angle, how easy is it for one doctor
>> to insert the names of other doctors into an EHR indicating they "concur"
>> with a Dx without the other doctors knowing or agreeing? Has anyone heard
>> of this happening before?
>>
>>
>> hmepstein.com
>>
>> @hmepstein <https://twitter.com/hmepstein>
>>
>> Mobile: 914-522-2116
>>
>>
>>
>> On Sun, Jul 3, 2016 at 5:25 PM, Lee Tilson <lee.tilson at gmail.com> wrote:
>>
>> I am familiar with a few instances of retaliation against people  who
>> attempted to expose misdiagnosis or mistreatment.
>>
>>
>>
>> The circumstances were somewhat different. The underlying story is the
>> same.
>>
>>
>>
>> Feel free to contact me if you think this would be helpful.
>>
>>
>>
>> Lee Tilson
>>
>>
>>
>> On Sat, Jul 2, 2016 at 2:34 AM, HM Epstein <hmepstein at gmail.com> wrote:
>>
>> Please read the following summary and I'd appreciate the group's
>> feedback.
>>
>>
>>
>> The former chair of pathology at KU Hospital filed a whistleblower
>> lawsuit against his current hospital claiming the current head of pathology
>> misdiagnosed a patient with a lethal form of cancer, surgeons removed an
>> unidentified organ, the lab discovered that the removed organ was
>> essentially cancer-free, and then that the pre-surgery sample was also free
>> of cancer, covered it up and never told the patient who still thinks they
>> have to be on guard against a lethal form of cancer.
>>
>>
>>
>> The paragraph I would like your opinion on is deep in the article:
>>
>>
>>
>> "In September, Tilzer informed KU Hospital’s chief medical officer and
>> risk management officer that the hospital needed to conduct a “root cause
>> analysis” of the mistake to make sure it wouldn’t happen again. The chief
>> medical officer responded that the original diagnosis was correct because
>> two other pathologists signed the report. But Tilzer says the two other
>> pathologists did not agree with the original diagnosis, “and the chair
>> simply wrote their names in the electronic medical record.”"
>>
>>
>>
>> First, is it easy for one doctor to fake the signatures of other doctors
>> in the EMR without being discovered? And while the accused pathologist
>> finally admitted her error, it appears the hospital hasn't done so nor had
>> the patient been notified. Therefore no root cause analysis has been done.
>>
>>
>>
>> So, is this a crazy outlier situation or is it a common occurrence?
>>
>>
>>
>> Thank you.
>>
>>
>>
>> Best,
>>
>> Helene
>>
>>
>>
>>
>> http://kcur.org/post/whistleblower-lawsuit-claims-misdiagnosis-cover-ku-hospital#stream/0
>>
>>
>>
>> *-- *
>>
>> *hmepstein.com <http://hmepstein.com> *
>>
>> *@hmepstein*
>>
>> *Mobile: 914-522-2116 <914-522-2116>*
>>
>>
>>
>> *Sent from my iPhone*
>>
>>
>>
>>
>>
>>
>> ------------------------------
>>
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>>
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>>
>>
>>
>>
>>
>>
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>>
>> To unsubscribe from IMPROVEDX: click the following link:
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>>
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>>
>>
>>
>> Moderator:David Meyers, Board Member, Society for Improving Diagnosis in
>> Medicine
>>
>> To learn more about SIDM visit:
>> http://www.improvediagnosis.org/
>>
>> ------------------------------
>>
>>
>> To unsubscribe from IMPROVEDX: click the following link:
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>> Moderator:David Meyers, Board Member, Society for Improving Diagnosis in
>> Medicine
>>
>> To learn more about SIDM visit:
>> http://www.improvediagnosis.org/
>>
>
>
>
> --
> *Edward B, J. Winslow, MD, MBA*
> Home 847 256-2475; Mobile 847 508-1442
> edbjwinslow at gmail.com
> winslowmedical.com
>
> "The only thing new in the world is the history that you don't know"
>        Harry S. Truman, 33rd President of US (1945-1953)
>
>
> "... it can be argued that underinvestment in assessing the past is likely
> to
> lead to faulty estimates and erroneous prescriptions for future action."
>         Eli Ginzberg, 1997
>
>
>
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>
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>
> http://list.improvediagnosis.org/scripts/wa-IMPDIAG.exe?SUBED1=IMPROVEDX&A=1
> or send email to: IMPROVEDX-SIGNOFF-REQUEST at LIST.IMPROVEDIAGNOSIS.ORG
>
> Moderator:David Meyers, Board Member, Society for Improving Diagnosis in
> Medicine
>
> To learn more about SIDM visit:
> http://www.improvediagnosis.org/
>






Moderator: David Meyers, Board Member, Society to Improve Diagnosis in Medicine


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