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

Vic Nicholls nichollsvi2 at GMAIL.COM
Tue Jul 5 01:44:43 UTC 2016


It went to a court case here in Virginia, the main "monopoly" did it. 
I've had it done to me.


On 7/4/2016 3:04 PM, Edward Winslow 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 
> <mailto: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 <tel:772-285-4020> cell
>
>     772-288-2999 <tel:772-288-2999> fax
>
>     1 Peter 3:15
>
>     *From:*Lee Tilson [mailto:lee.tilson at GMAIL.COM
>     <mailto:lee.tilson at GMAIL.COM>]
>     *Sent:* Sunday, July 3, 2016 6:37 PM
>     *To:* IMPROVEDX at LIST.IMPROVEDIAGNOSIS.ORG
>     <mailto: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 <tel:313%20550%207500>
>
>     On Sun, Jul 3, 2016, 6:24 PM HM Epstein <hmepstein at gmail.com
>     <mailto: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 <http://hmepstein.com>
>
>         @hmepstein <https://twitter.com/hmepstein>
>
>         Mobile: 914-522-2116 <tel:914-522-2116>
>
>         On Sun, Jul 3, 2016 at 5:25 PM, Lee Tilson
>         <lee.tilson at gmail.com <mailto: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 <mailto: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 <tel:914-522-2116>/
>
>                 /Sent from my iPhone/
>
>                 ------------------------------------------------------------------------
>
>
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>
>
> -- 
> *Edward B, J. Winslow, MD, MBA*
> Home 847 256-2475; Mobile 847 508-1442
> edbjwinslow at gmail.com <mailto:edbjwinslow at gmail.com>
> winslowmedical.com <http://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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