8,000 addicted doctors may be practicing while being treated

As many as 8,000 U.S. doctors may be practicing medicine while undergoing treatment for drug or alcohol addiction. Nearly all states have such treatment programs for doctors. But last year California did away with its 27-year-old programs, claiming that it failed to adequately protect patients and also often failed to help addicted doctors return to health. Critics of the programs claim that they can protect the confidentiality of doctors to the point of protecting even dangerous physicians. The American Medical Association strongly favors allowing addicted doctors to be treated in confidential programs. But critics say that patients have no way to protect themselves from addicted doctors who do not practice good medicine. The California program ends at the end of June. If the state fails to adopt some sort of alternative program, then addicted doctors may be stripped of their licenses just as they were before the current program was begun in 1980.
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Doctor now opposes pain and suffering limits

Dave Stewart is a California anesthesiologist who used to favor sharp monetary limits on pain and suffering awards. But that was before his mother died following knee replacement surgery. Stewart’s mother went to Stanford University Medical Center for the surgery. After the operation, the woman developed sharp abdominal pain, and the hospital failed to diagnose a bowel obstruction which killed her four days later. Stewart and his sisters decided to sue, but a number of lawyers refused the case, saying it wasn’t worth the money. California capped malpractice payments in 1975 after doctors and insurers complained that big awards and rising insurance rates were hurting physicians. Pain and suffering awards under that cap cannot exceed $250,000. The law is known as the Medical Injury Compensation Reform Act, or MICRA, and since California passed the law 30 other states have enacted similar legislation. Two Republican presidential candidates, Mitt Romney and Rudy Giuliani, say the law might make a good national model. But critics say it harms victims and their families, especially low-income workers, children and older people, because the cap has never been adjusted to account for inflation. Dr. Stewart, the anesthesiologist, said: “In 1975 you could buy a house for that money, and today what does it get you? Every year MICRA stays the same is another year that people who have been wronged will be denied the same justice.”

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Doctor who photographed patient’s genitals may be fired

A doctor in Phoenix, Ariz. is facing medical malpractice allegations after he admitted to taking a picture of a patient’s tattooed genitals while the man was unconscious and undergoing surgery. The surgeon also allegedly showed the picture to other doctors. Dr. Adam Hansen, chief resident of general surgery at Mayo Clinic Hospital, admitted to taking the photo with his cell phone’s camera. The patient said he heard about the photo when the hospital called him and then put Dr. Hansen on the phone. Dr. Hansen could face a range of punishments, from probation to loss of his job.

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Long Island doctor may have exposed patients to HIV

Long Island Surgicenter owner Dr. Harvey Finkelstein may have exposed patients to Hepatitis C, Hepatitis B, HIV and other deadly blood diseases. The Nassau County Health Department is attempting to get in touch with several hundred of the doctor’s patients to warn them. According to the department, Dr. Finkelstein did not follow proper procedures. A nurse noticed that there were similarities between two hepatitis C cases. Both patients had received spinal injections at Finkelstein’s medical practice. Health officials investigated, and said they observed him remove the needle from a previously used syringe, attached a new needle and reused the syringe.

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Caps on medical recovery cases ruled unconstitutional

In 1995, the Illinois Legislature passed a law limiting judgment amounts on medical malpractice cases. Under the law, doctors could not be forced to pay more than $500,000 for medical malpractice, and hospitals could not be ordered to pay more than a million dollars. Now, a judge has ruled that that law is unconstitutional. Cook County Judge
Joan Larsen ruled the legislature could not supersede a judge’s ability to award malpractice damages. Judge Larsen made her ruling in the case of Abigaile LeBron vs. Gottlieb Memorial Hospital and Dr. Roberto Levi-D’Ancona. In the case, the LeBron family alleged that Abigaile LeBron was left with serious brain damage when the doctor failed to respond quickly enough to complications during Abigaile’s birth. According to Judge Larsen, the U.S. Supreme Court had ruled in another case that caps disregard the deliberation process of juries. The issue now goes to the Illinois Supreme Court on appeal.

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Appeals filed in medical malpractice case

Appeals have been filed in a Georgia Superior Court civil case involving medical malpractice. Following two weeks of trial, the jury awarded Pauline D. Harris, 61, $586,181 in damages. Harris was admitted to Newnan (Ga.) Hospital in 2002 with pain and swelling in her left shoulder. She had previously been diagnosed with bone edema caused by rotator cuff disease. Doctors at the hospital diagnosed her with possible septic shoulder, osteomyelitis or deep bone thrombosis. They operated on the woman, and she was later discharged with a prescription for Gentamycin, an antibiotic for bacterial infections. Later, she was readmitted with ongoing shoulder pain. A doctor concluded the infection may have worsened and performed a bone debridement, in which dead, damaged or infected tissue is removed. Harris was discharged and prescribed more Gentamycin, which caused serious and permanent kidney damage. Harris’ suit claimed her treatment at the hospital “deviated and departed from the standard of care.” She also alleged negligence. Several of the defendants have filed appeals in the case.
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Malpractice cases may be affected by doctor’s bankruptcy

A West Virginia doctor may file for bankruptcy and, if, he does, it may have an impact on more than 122 malpractice lawsuits that have been filed against him. Osteopathic surgeon Dr. John King has said through his lawyers that he may file for personal bankruptcy. That could impact the first of a number of trials that was to start in Putnam County before the end of the year. If King files for Chapter 7 protection, the malpractice cases against him may be put on hold for at least 90 days. King worked at Putnam General Hospital in 2002 and 2003.