Posts Tagged ‘hospital negligence’

July 1 – New Residents, New Rules……Again!

Monday, June 13th, 2011

Last year, I wrote a blog on “The July Effect”, a long-observed phenomenon of increased hospital deaths during the month of July that was substantiated by medical data and statistics just last year. These data seemed to specifically relate these deaths to the influx of new medical school graduates into teaching hospitals as first-year residents of those institutions. The conclusions of the study seemed well-substantiated. I further elaborated on some of the potential causes of errors being made that could result in harm to patients; what I didn’t elaborate upon was the rigorous and demanding schedule that residents assume.

In 2003, the Accreditation Council for Graduate Medical Education (ACGME) instituted new policies regarding the time limitations of ALL residents, but specifically focused on the first year resident. These limitations were placed on the number of hours that residents could and should work in any given week or rotation in an effort to safeguard the health of the resident but more so to ensure the safety and well-being of patients being treated by these residents.

It is now 2011, and the ACGME is instituting even stricter limitations affecting both first year and mid-level residents; Nixon Peabody does a great job of delineating the changes in the guidelines. Much information has been published in the last year regarding the continued occurrence of medical errors despite protocols and safety mechanisms in place to protect patients (click on related blogs below). It seems that the ACGME is attempting to address some of these errors by addressing the fatigue factor of medical and surgical residents in training. The overall maximum hours per week will not change; it remains at 80 hours.  Yes, twice that of “normal” jobs. One big change is the limit on the maximum continuous duty period for first year residents; this will be decreased from 24 to 16 hours.  It will remain 24 hours for residents after their first year, but recommendations include “strategic napping.” Another change is the additional duty time, previously allotted as 6 extra hours to perform clinic duty, transfer of care, didactic training, etc.; for first year residents, these duties are to be included in the overall 80-hour work week, but after the first year, the residents will be allowed 4 additional hours. A third big change is the minimum time off between duty periods. Previously, it was noted that all residents “should have” 10 hours between shifts; year 1′s are still recommended to have 10  hours off, but they MUST HAVE AT LEAST 8! Intermediate-level residents should also have 10 hours off, but they also must have at least 8 hours off with a mandatory 14 hours off if they just completed a 24-hour shift. Final year residents are recommended to receive 8 hours off, but this is still being reviewed.  One thing that has not changed is the mandatory 1 day off in 7, averaged over 4 weeks.

Many of us watch the medical TV shows, but none of these shows really paint the true picture of medical residency training. As a Physician Assistant student, I trained alongside medical residents and medical students, alike. My training mirrored theirs in the hospital setting, and it happened well before the 2003 ACGME recommendations. There were times during my surgery rotation in a trauma center during which I worked 36 hours straight, followed by 10 hours off, then back to 10- and 12-hour days. The working hours entailed clinic time, managing daily in-patient care, many hours in the operating room, admitting patients during the overnight hours from the emergency room and emergency surgery for trauma victims, hours and hours at a time, in the overnight hours and during the day.  By the end of 36 hours, the exhaustion was indescribable. It is easy to understand how and why mistakes happen. After these crazy shifts, no one ever looked so glamorous as those who are depicted on television shows…..TRUST ME!

July 1, 2011, marks the date when over 100,000 medical residents across the USA from ACGME-accredited training programs start their training in teaching hospitals/institutions across this great nation. We should applaud the ACGME for looking at the data, analyzing studies regarding sleep deprivation, and putting forth these guidelines, not only to aid in patient safety but also to protect the health and well-being of these doctors in training. The pressures of residency are incredible. It is interesting that there was and still is opposition to the duty-hour limitations, citing oppositional rationale such as the residents do not learn enough in 16 hours, and small institutions do not have the support staff to treat all of the patients without the addition of medical resident hours.

So, who is going to fill those gaps created by the resident-hour restrictions placed by the ACGME come July 1st? Each institution will have to look at its own hospital model and decide according to current standards. In 2003, many of these gaps were filled by Physician Assistants and Nurse Practitioners; I suspect this will again be the case.  These mid-level practitioners are quite capable of providing many of the services necessary in hospital settings; they are a growing and well-respected addition to the healthcare team, and I suspect that their usefulness and potential will be more fully appreciated with the institution of healthcare reform!

For more information and Frequently Asked Questions (FAQs) regarding the ACGME guidelines, please go to the website and click on the links!

And, no matter who is caring for you or your loved one, never be afraid to ask questions about therapies and medications being ordered. Be informed!

Related Posts:

“The July Effect”: Where To Seek Medical Care When The Heat Is On

Medical Malpractice – Serious Medical Errors: Failure of the System or Just Plain Ignorance

Study Finds Regional Hospitals Often Are Better At Preventing Medical Errors Than Academic Centers – Kaiser Health News

Tort Reform or Just Plain Medical Care Reform: the debate continues as thousands are injured annually in US hospitals

 

 

 

 

 

 

Hospitals Fined Heavily for Unsafe Practices – medical malpractice pure and simple!

Tuesday, November 9th, 2010

Well this headline got my immediate attention!

HOSPITAL FINED $300,000 FOR LEAVING A DRILL BIT IN PATIENT’S HEAD.  Rhode Island Hospital (RIH) was fined by the state’s Department of Health with the largest penalty in state history and only the 3rd posed against a hospital for surgical errors.

How does such a mistake happen? I went to the article and then saw similar articles over the last year.

CALIFORNIA HOSPITALS FINED FOR ENDANGERING PATIENT SAFETY

TEMPLE TO PAY (the US Government) $130,000 TO SETTLE DRUG DIVERSION CLAIMS

BOTCHED RADIATION TREATMENTS LEAD TO FINE FOR VA

Yes, states are fining hospitals, the US government is fining hospitals, and the US government is even fining government hospitals for unsafe practices. State, regional and national news publications are breaking the stories and making the public aware of their hospitals’ most costly mistakes.  Over the last two decades, more and more states are requiring hospitals to report serious errors and fining them for failing to do so. One way or the other, hospitals pay for serious mistakes and suffer media scrutiny at the same time.

The Rhode Island Director of Health reported “a troubling pattern” of patient safety procedural violations at RIH.  On October 15th of this year, a surgical instrument was found in the abdomen of a patient who had undergone surgery three months before. This followed an August incident when a quarter inch drill bit broke off in a patient undergoing brain surgery. While aware the bit was missing, no one in the operating suite investigated where it went. The next day an MRI identified the bit in the patient’s brain. This error placed the patient at serious risk of harm during the MRI. Magnetic forces during the MRI could have moved the metal drill bit causing significant brain injury.

Clinical standards of care require all surgical instruments to be counted at the beginning and end of a procedure. If the count is incorrect, xrays are immediately taken. If found in the patient, the instrument is removed before the conclusion of the procedure. This healthcare industry-wide patient safety procedure has been in place for well over 30 years. The simpe, straightforward procedure was not undertaken according to Rhode Island news reports. In addition, the state found anesthesiologists at RIH don’t wear masks while in the operating room, and no actions had been taken to correct the behavior.

The Director of Health also reported in 2009, RIH was fined $150,000 and ordered to hire a consultant to improve operating suite procedures; shut down surgeries for 1 day to conduct mandatory training; and install audio/video monitoring devices to ensure compliance. This all happened when a surgeon operated on the wrong finger which was the 5th time a wrong body part had been operated on in 3 years at RIH.  Things have not improved in 2010. The fines are getting heftier and the Centers for Medicare & Medicaid Services (CMS)  as well as state professional licensing boards are now involved. Federal government intervention has only happened one other time in Rhode Island’s healthcare history.

Rhode Island is not alone. As the headlines above show, California, after enacting a new state law in 2007, reports that over $4.8 million in healthcare administrative penalties have been issued with $2.9 million collected to date. California news stories began breaking last January (2010) when thirteen hospitals were fined $50,000 each and another was fined $25,000 four times. In April, seven more hospitals were fined. In May, nine more hospitals $550,000 in penalties imposed.

The deputy director for public health, Kathleen Billingsley, told the press that Californians have a right to receive the minimum level of required state standards. Out of 146 penalties, hospitals were appealing 37 in an April news report. Notable infractions resulting in fines included:

  • Man hospitalized with a heart attack died after his cardiac monitor had been disconnected.
  • Woman misdiagnosed with an ectopic pregnancy was given chemotherapy drugs. She was not pregnant.
  • Two ER nurses without documented clinical competencies or life support training failed to record vital signs in a 5 month old with a temperature of 105.4.
  • An operative sponge was left in a patient and discovered a year later. Three operations were required to eventually remove the sponge.
  • A wrong knee was operated on.
  • Contrast material for radiology was given to a patient with a known iodine allergy resulting in death.
  • An oxygen tank became empty during a simple ultrasound procedure resulting in the patient’s death. The patient had waited in radiology over 60 minutes for the procedure allowing the tank to run dry.
  • A patient aspirated a laryngoscope plastic blade extender during intubation for an outpatient surgery. It was not discovered until the patient called post operatively complaining of coughing up plastic.

In March, the Department of Veteran Affairs, which oversees the Philadelphia Veterans Affairs Medical Center was fined $227,500 by the Nuclear Regulatory Commission. This was the second largest fine against a medical facility. Between 2002 and 2008, Iodine 125 seeds were placed incorrectly in 97 out of 116 prostate cancer patients. There were inconsistent doses, unintended organs and tissues radiated leading to a myriad of complications for the victims including excessive radiation. Many of the incorrect procedures initially went unreported.

While I applaud these fines and would like to see stronger sanctions, several questions came to mind after reading these reports. Are states and the federal government merely cashing-in and paying-down healthcare deficits, or putting this revenue to good use such as improving patient safety? How much of the revenue is being consumed in hospital appeal proceedings? Is this an effective incentive for hospitals to change or merely perceived by them as a cost of doing business in today’s high paced and burdened healthcare system?

What do you think?

“The July Effect”: Where To Seek Medical Care When The Heat Is On

Wednesday, June 9th, 2010

Doctor-in-training

Most major cities are home to some of the biggest teaching hospitals in the nation.  Baltimore, Maryland, is home to both The Johns Hopkins Hospital with its sister hospital, Bayview Medical Center, and The University of Maryland with its renowned Shock Trauma Unit.  So, what happens every July that should make one second-guess, or at least be wary of, an in-patient or out-patient visit to such institutions?  New medical residents flood these institutions as new graduates from their associated medical schools and other medical schools for continued clinical training.

As with any other new employment, these new graduates have a learning curve that is reflective of the level of care demanded by the particular service with whom they are working.  Some might be in various areas of medicine (e.g. rheumatology, endocrinology, internal medicine, emergency medicine, medical intensive care, etc.), or some may choose to pursue surgery, providing services in general surgery, orthopaedic surgery, or others, working in the operating room as well as managing surgical patients on the floor.  Duties include ordering medicines, intravenous fluids and nutrition, respiratory treatments, ordering and interpreting lab tests, and a host of other responsibilities.  Fairly recent directives (2003) have essentially eliminated the age-old training regimen of residents working 36 hours straight; however, the demands of today’s healthcare system does not equilibrate the current resident workload with a “walk in the park”.

As reported by “Booster Shots” blog, a recent study conducted at the University of California San Diego (UCSD) and reported in the Journal of General Internal Medicine adds merit to an age-old but previously poorly substantiated phenomenon of increased hospital deaths during the month of July.

David H. Phillips, a social scientist at UCSD, and Gwendolyn E. C. Barker, a graduate student at UCSD, analyzed 62,338,584 U.S. death certificates issued between 1979 and 2006.  After focusing their analysis to medication errors, they were able to demonstrate an average 10% increase in medication-related deaths in counties with teaching hospitals during the month of July as compared to other months and counties without teaching hospitals.

Additionally, there were a proportionate higher number of deaths attributed to the counties with a higher number of teaching facilities.  Analysis of the data further demonstrated no increase in hospital medication-linked deaths in July in counties with non-teaching hospitals, no increase in non-hospital related deaths in July, and no increase in other causes of inpatient deaths.  A similar study of an Australian teaching hospital with anaesthesia trainees over a 5-year period was able to substantiate an increase in errors during the first month of clinical anaesthesia training (February) as compared to other months.

One’s natural instinct is to blame the new residents for their inexperience, and in looking at the various responses to this report from UCSD, that seems to be the case.  Is that the reality though?  There is a hierarchy amongst the residents, and residency is a multi-year process to build the clinical skills of the new doctors as they rotate through the various medical services. Additionally, all residents must report to a senior attending physician who oversees the care rendered.  Different attendings have different styles and different levels of oversight.  Factor in vacations of various staff members, from attending physicians to nurses, unit clerks and technicians.  Not only do the new residents have to “learn the system” of the facility, they have to form working relationships with a multitude of staff members that can be shifting on a weekly basis.  They have to meet and treat a variety of patients, often from all walks of life, with lists of medications up to 2- and 3-pages in length!  That’s quite a lot to expect from someone fresh from medical school.

The UCSD study concluded by recommending changes is various areas:  re-evaluation of the responsibilities assigned to the new residents, re-assessing the level of supervision of these new residents and increased medication-safety education.

The general public, in the past and even currently to some degree, tend to act in awe of doctors, unequivocably accepting orders without question.  Joe Smith, M.D. is Dr. Smith whether he is a first year resident or a 20-year veteran, but obviously the degree of experience and education is vastly different between the two.  Perhaps there should be a different designation for residents???  With or without it, the public needs to promote self-advocacy by questioning medical directives, not as a nuisance but for the purpose of understanding their own conditions and needs. If one has to go to a teaching hospital in July, be aware of this fact; identify the treating physicians and the hierarchy; make sure one’s medication list is supplied; and, identify the rationale for any new medications or treatments suggested.  Patients should be active participants in their own care and have a basic knowledge and understanding of the condition for which they are being treated.

IV infiltration leads to $1.5 million verdict when patient loses thumb.

Saturday, May 29th, 2010

Recent news from Georgia (where the state’s cap on non-economic damages was recently overturned): A patient, Johnnie Jackson, age 47, was awarded $1.5 million for pain and suffering in addition to recovery of his medical expenses, for injuries he sustained when delay in treating an infiltration of his IV ultimately led to the loss  of his thumb.

Mr Jackson presented to Coffee Regional Medical Center for complications resulting from a pancreatic condition on April 30, 2005. Mr. Jackson had a known history of diabetes and chronic pancreatitis.

Upon presentation, a nurse administered Phenergan and Demerol through an IV, which had been inserted into Mr. Jackson’s right wrist. At approximately 3:00 a.mm on the morning of May1, Mr. Jackson complained of swelling and pain at the site of the IV causing it to be removed 45 minutes later.

After nine hours of complaints, Mr. Jackson was examined by his physician, who found that the medications had leaked into the surrounding tissues. Mr. Jackson’s physician elevated the arm in a failed attempt to reduce the swelling. On the afternoon of May 2, Mr. Jackson was transported to the South Georgia Medical Center for advanced treatment.

A pretrial order revealed that Mr. Jackson was transported to  the medical center for the treatment of a blood clot that was found near his thumb.  During Mr. Jackson’s 24 day admission at the medical center, he underwent a multiple surgeries by an orthopedic surgeon, who was unable to salvage Mr. Jackson’s thumb.

Mr. Jackson’s attorney, Laura Shamp, filed suit against Coffee Regional and five treating nurses in 2007 alleging that Mr. Jackson was unable to work due to frequent hospitalizations caused by diabetes and pancreatitis, but that:

…the hospital gave him a ‘job’ of living without his thumb for the rest of his life, so he should be paid for it.

“Their defense was that the IV did not infiltrate and that even if it did, that was not what caused the loss of his thumb,” said Shamp. “They said it was simply that strange things happen and this was a coincidental blood clot that ended up contributing clotting at the same time.”

With the plaintiff’s permission, the named nurses were dismissed with the hospital remaining as the sole defendant. The Coffee County jury awarded Mr. Jackson $53,026 for medical expenses and $1.5 million for pain and suffering.

We've Heard of MRSA – Now We Learn that Doctors Struggle to Treat Gram-Negative Bacterial Infections – NYTimes.com

Saturday, February 27th, 2010

An article in yesterday’s New York Times by Andrew Pollack - Doctors Struggle to Treat Gram-Negative Bacterial Infections – NYTimes.com – brings to the public’s awareness that  Gram-negative organisms such as Klebsiella pneumoniae and Acinetobacter are becoming almost as common but have very few treatment options in the form of effective antibiotic coverage.        

The bacteria, classified as Gram-negative because of their reaction to the so-called Gram stain test, can cause severe pneumonia and infections of the urinary tract, bloodstream and other parts of the body. Their cell structure makes them more difficult to attack with antibiotics than Gram-positive organisms like MRSA.

Mr. Pollack reports that “[a]ccording to researchers at SUNY Downstate Medical Center, more than 20 percent of the Klebsiella infections in Brooklyn hospitals are now resistant to virtually all modern antibiotics. And those supergerms are now spreading worldwide.”

The number of infections occurring annually in hospitals is simply staggering – roughly 1.7 million hospital-associated infections, according to the Centers for Disease Control and Prevention. More horrifying is the CDCP’s estimate that when taking into account all types of bacteria combined, these organisms cause or contribute to 99,000 deaths each year.

“For Gram-positives we need better drugs; for Gram-negatives we need any drugs,” said Dr. Brad Spellberg, an infectious-disease specialist at Harbor-U.C.L.A. Medical Center in Torrance, Calif., and the author of “Rising Plague,” a book about drug-resistant pathogens.

Mr. Pollack’s article also sheds light on yet another little-known but equally tragic fact – a physician’s choices in treating some of these deadly Gram-negative bacteria are not without significant risks to the patient – neuro and nephrotoxicity.

Doctors treating resistant strains of Gram-negative bacteria are often forced to rely on two similar antibiotics developed in the 1940s — colistin and polymyxin B. These drugs were largely abandoned decades ago because they can cause kidney and nerve damage, but because they have not been used much, bacteria have not had much chance to evolve resistance to them yet.

“You don’t really have much choice,” said Dr. Azza Elemam, an infectious-disease specialist in Louisville, Ky. “If a person has a life-threatening infection, you have to take a risk of causing damage to the kidney.”

As many are aware or becoming increasingly aware, the drug-resistant bacteria are believed to be the by-product of overuse of antibiotics by healthcare providers over the past many decades.  Specialists in infectious disease have been vocal advocates for the judicious use of antibiotic therapy and avoidance of the ‘take a pill’ first approach by many front line providers such as internists.

In his article, Mr. Pollack provides a link to a campaign started by the parents of a 27 year old young man, who survived his post-operative, hospital-acquired MRSA infection twice only to die a victim of a Gram-negative organism, Enterobacter aerogenes. These advocates for prevention of hospital-acquired infections, Armando and Victoria Nahum, started the Safe Care Campaign.  A visit to this site is most instructive and we invite you to do so.


Tort Reform – Tennessee Style: ER doctors back bill 'redefining' malpractice – NO KIDDING!

Sunday, February 21st, 2010

As I was going through the listings and hashtags on my TweetDeck yesterday, I came across this tweet from a report in a Tennessee online publication - Emergency doctors back bill redefining malpractice | tennessean.com | The Tennessean. While I don’t practice in Tennessee, any trend in legislative changes affecting a patient’s right of access to the legal system is on my watch list.  

Here’s the essence of the proposed legislation according to this article:

Under the bill filed last month, the definition of medical malpractice would be changed from “negligence” to “gross negligence,” which would raise the bar for mistakes that could trigger a lawsuit.

To put this in context, Maryland and the District of Columbia, where I am licensed to practice, have many times defined “gross negligence.”  Those definitions are precisely what caused a chill to run up and down my spine when I saw the proposed change to Tennessee’s malpractice law.

In Maryland there is legislation called the Good Samaritan Act and the Fire and Rescue Company Act, which essentially provides in relevant part that in an emergency setting, only extraordinary or outrageous conduct by a person giving assistance or medical care in an emergency, or by a member of a fire company or rescue company, can be termed “gross negligence.”  For the lawyers among you, see, e.g. McCoy v Hatmaker, 763 A2d 1233 (2000).

In the District of Columbia, one case that gives multiple but somewhat common definitions for  ’gross negligence is D.C. v Walker, 689 A2d 40 (D.C. 1997):

[Gross negligence is] [t]he failure to exercise even slight care,” and “such negligence as would shock fair-minded men.”Shea v. Fridley, 123 A.2d 358, 363 (D.C.1956).  Similarly, the United States Court of Appeals for this circuit has stated that “gross negligence implies an ‘extreme departure from the ordinary standard of care.’ ” Wager v. Pro, 195 U.S.App. D.C. 423, 428, 603 F.2d 1005, 1010 (1979).  We have applied Maryland law to define gross negligence in the driving context as “a wanton or reckless disregard for human life or for the rights of others,” and “indifference to the consequences … [which] implies malice and evil intention.” Hall v. Hague, 257 A.2d 221, 223 (D.C.1969).  * * * And our federal court of appeals, applying what it apparently perceived to be District law, has said that, “[t]o constitute willful or wanton negligence, the police actions must involve ‘such reckless disregard of security and right as to imply bad faith.’ ”      

And just what is the alleged justification for this ‘gross negligence’ in ER’s standard being proposed?  Well here you go:

“In my personal practice, if I knew that I couldn’t be sued except for things that I truly believe I should get sued over, I could eliminate half of my lab tests, two-thirds of my X-rays and 90 percent of my CT scans because all of those tests are done for my protection, not the patient’s,” said Dr. Andy Walker, a local emergency physician and vice president of the Tennessee chapter of the American Academy of Emergency Medicine. “For TennCare patients, of course, the Tennessee taxpayer is paying for that.”

Yeah – that’s my emphasis added to the above quote.  Is this doctor kidding?  He does twice the number of labs, three times the number of x-rays and ninety percent of the CT scans he orders – to protect himself, not the patient?  And his litmus test for getting sued is what?  - “… things that I truly believe I should get sued over.”  Maybe when the Senate Committee is done investigating the ‘stents controversy’ at St. Joseph Medical Center in Maryland, they can take a look at what’s going on in Tennessee!

Using this wonderful test – “I should only get sued for what I believe is malpractice” – I am pretty confident that  there won’t be much medical malpractice litigation concerning ER care in the state of Tennessee should this wonderful piece of legislation go through.

Perhaps I should also make you aware that there is also pending in the legislature of this state a cap on non-economic damages.   If you are wondering at what amount they want such damages capped – it’s $1,000,000.  Apparently, however, the lobbyists for the medical profession really would like to see such damages capped at $300,000 since they believe such a low figure would “take away the profit motive of trial lawyers.”

I wonder if this double-pronged legislative initiative isn’t a variant on the old shell game.  Throw enough legislation out there and negotiate to get at least one of them passed.

Tell you what – I won’t be moving our firm to Tennessee any time soon.

Senators launch fraud inquiry of St. Joseph Medical Center and conduct of Dr. Mark Midei

Saturday, February 20th, 2010

St. Joseph Medical Center in Towson, Maryland, has been the subject of recent lawsuits, news reports and a myriad of other woes.  Now the Baltimore Sun reports that its conduct will be the subject of a U.S.  Senate investigation - Senators launch fraud inquiry of Md. hospital – baltimoresun.com.

The controversy swirling around the hospital concerns the alleged placement of unnecessary cardiac  artery stents in patients at the hospital by one of its former (now terminated) cardiologists, Dr. Mark Midei.

After a lawsuit was brought in Maryland by one of Dr. Midei’s former patients, the hospital issued a statement to a local news station, WBAL:

“St. Joe’s was guided by the belief that it has a moral and ethical responsibility to inform these patients of what happened. This is consistent with our mission and core values. It was the right thing to do,” the representative said through a statement.

“Questions about potential liability remain to be resolved. SJMC takes its responsibility to patients very seriously, which is why we conducted a review and notified patients and physicians. Our focus has been and will continue to be to put patients first,” the representative continued.

In a follow-up report written today, February 20, 2010, the Baltimore Sun reports:

Federal lawmakers have asked St. Joseph Medical Center to turn over three years of billing records and other documents related to cardiac care, saying they are troubled by reports of unnecessary coronary stents implanted at the Towson hospital and want to investigate for signs of Medicare fraud.

Montana Sen. Max Baucus and Iowa Sen. Charles E. Grassley – the top Democrat and senior Republican, respectively, on theSenate Finance Committee – also asked the hospital for records of its financial relationship with manufacturers of the medical devices. They set a March 12 deadline, saying their committee was launching an inquiry as part of its role “to protect taxpayer dollars from waste, fraud and abuse.”

An internet search on this story quickly reveals that a number of law firms have gotten into the fray.  Most notably, a class action lawsuit has been filed by Billy Murphy’s law firm and the Law Offices of Peter Angelos alleging, among other claims, fraud on the part of the hospital.

In a statement given to BEMORENEWS.com, Billy Murphy said:

“This is the worst abuse of the public trust we have seen in recent memory by a hospital in which patients place their confidence in seeking care and treatment,” said William “Billy” Murphy, Esquire.

Murphy added, “It is unfortunate that an institution such as St. Joseph, which has served so many people so well for so many years, would have allowed such a practice to have occurred.”

In today’s article, The Sun reports that the hospital has pledged to fully cooperate with the Senate committee’s investigation.

“Transparency and cooperation are in the best interest of the hospital’s patients, physicians, employees and community,” they said in a statement released Friday.

Dr. Midei has been recognized for years to be one of the area’s leading cardiologists.  As Billy Murphy said in his statement, St. Joe’s has held the reputation of being one of the area’s best hospitals serving many in the community for decades.  How could it all have gone so bad?   Seems like the story is just beginning…and gets worse almost by the day.

If you have any questions or need additional information, please contact: Lisa Bennett, 410-951-8811 or 410-940-8590  Lisa.Bennett@murphypa.com

Aria: We didn't follow procedures | Philadelphia Daily News

Thursday, February 11th, 2010

Tort reform?  How about reform of hospitals that provide care like this – Aria: We didn’t follow procedures | Philadelphia Daily News.

A 63 year old school guidance counselor in PA died of a heart attack while sitting in the waiting room of Aria Health’s Frankford campus  (located in lower northeast section of Philadelphia) emergency department. “A top hospital official” testified before the City Council looking into this death and said that the hospital staff violated hospital policy in not checking on the patient before he died.

Well the story doesn’t quite stop there -

“There were blatant and flagrant violations of policies and procedures,” Kline (the lawyer retained by the deceased patient’s family) said after his testimony. “We need to judge Aria on its deeds to date, not its words.”

According to a report released last month by the state Department of Health, Rivera, a musician and Olney High School counselor, died of a heart attack and was unattended for more than 40 minutes. The state report said hospital staff made extensive errors before, during and after Rivera’s death.

While Rivera sat dead in the waiting room, three vagrants stole his wristwatch.  (emphasis mine)

They not only didn’t pay attention to him before and while he was dying – they let him be robbed after he was dead?  Oh yeah – that’s another poster case for ‘tort reform.’   Maybe a solid verdict against the hospital will assist the its staff in making sure they follow the policies already in place at the hospital.