Archive for April, 2011
Wednesday, April 13th, 2011
All you dog food manufacturers listen up.
Based upon extensive testing in the WhiteCoat household, I have come up with a new flavor of dog biscuit that dogs will absolutely love.
It’s called “Bloody Human Wound Dressings.”
One of our dogs actively digs through the garbage in our bathroom to find the damn dressings from my incision site. Even though I wrap them up, she rips the bandages off of them and chews them like bubble gum until all the flavor is gone, then leaves them on our bedroom floor for us to retch over when we find them.
I’d post pictures, but have a feeling that I have already grossed people out enough with this post.
OK, maybe they can be called “Congealed Granulation Tissue?”
Now I think I’ve grossed people out enough.
Posted in Random Thoughts | 34 Comments »
Tuesday, April 12th, 2011
People began talking.
I heard someone say something about a room number.
I could feel the cart that I was laying in being rolled on the floor.
Bump-bump. I heard doors open.
I opened my eyes to see the bed being pushed through automatic doors. The hallway lights flitted by my eyes like road signs flitting by a car window. I tilted my head backward to look above me. At the head of the bed was someone in a mask and long blue gown pushing the cart.
My stomach hurt.
Was I done already?
I began feeling my stomach. I felt a bandage, then someone grabbed my hand and pulled it away from my stomach.
I lifted my head and started feeling my stomach again with my other hand. The IV tubing tugged at my arm.
“Will someone grab his hand before he pulls off the bandage?”
“No bag?” I asked.
The masked man in the blue gown asked “What did he say?”
Mrs. WhiteCoat was walking next to the bed. She held my hand and said “No bag, honey. No bag.”
I put my head down and went back to sleep.
“You have to help us move you over onto the bed,” said the masked man. This time his mask was pulled down around his neck and I could see his goatee. It seemed like he had a Jamaican accent, but I couldn’t tell for sure. “Come on, now. Move your butt over a little.”
I was still a little confused, but I lifted my butt up and tried to move in the direction I was being pushed and pulled, but something began pulling on my thigh and on my, er, um … appendage.
“His Foley is caught. Hold on.”
Yeah. Hold on is right. That damn that thing hurts when it’s pulling down there. Like a cross between someone holding a Bic lighter under the tip of said appendage and feeling like you have to urgently urinate.
I felt like telling them I had to go to the bathroom, but remembered all the drunk guys sleeping it off in the emergency departments yelling about how they had to go to the bathroom. Then the staff holds up the Foley bag and says “you ARE going to the bathroom.” Nope. Wasn’t going there.
Then I got a quick lesson in the law of physics: Water flows downhill.
Did you know that if there is air in the Foley catheter tubing and you lift the bag above the level of your bladder, a combination of urine and air flows backward into your bladder and causes pain? If you didn’t, you know now. Trust me, it’s true. One of the surgical people did it while I was moving from one bed to the other and the pain caught me by surprise.
“Aaaaaahhh!” I yelled.
“What? What?” asked the nurse.
I hesitated. “Ummm. Nothing.” I was too embarrassed to say anything about it. I just scooted the rest of the way onto the bed, holding the edge of the catheter with one hand to avoid any further pulling and pinching the catheter with two fingers to prevent further backflow of urinated air.
I could just see her giving report to the next shift. “In Bed 27 is the wacko doctor that yells and scares the hell out of you for no reason.”
I’ll blame it on the medicine – whatever it was that they gave me.
They hooked the Foley catheter bag below the bed and I could feel the urine and air pass back out of my bladder. Best description I can think of is trying to urinate Rice Krispies and milk.
Ouch.
I gritted my teeth.
The rest of the day was kind of a blur.
My stomach was so bloated that I looked like I had a beer belly. Trying to sit up in bed caused a lot of pain all over my stomach. They put an incentive spirometer in front of me to encourage me to take deep breaths. Right. I got to about 1000 and I started getting a sharp pain in my right side that radiated up to my shoulder. It felt like someone was sticking me behind my collarbone with a sharp knife.
“That’s the free air in your abdomen pushing on your diaphragm,” the nurse said.
I didn’t care what it was. I just wanted it to stop. And why didn’t they suck the free air out of my abdomen before they closed, anyway?
“This is your pain medication pump,” the nurse explained. “If you’re having pain, you press the button and the pump will deliver a dose of medication. It will only give you a dose of medication every 10 minutes. If you need more, call me.”
“You don’t need to worry about that,” I said, still half looped from the medications I had received. “I won’t need it.” I coughed and felt a searing pain in both my lower abdomen and the right side of my neck. I grimaced.
Mrs. WhiteCoat pushed the pain medication button.
“You better stop that – it’s a Federal crime to dispense controlled substances without a prescription. I know people. All I have to do is make a couple of phone calls.”
“Shut up or I’ll push it again,” she said.
“Push it as much as you want. It’s locked out for another 10 minutes. Ooooh. My stomach hurts. Ooooh. Aaaaah. Oooh.” I giggled which really did make my stomach hurt.
Mrs. WhiteCoat was sitting in a chair next to my bed holding my hand. Having someone there who cares about you is important – especially after a surgery. Earlier in my career, I used to get annoyed that family members wanted to be right there next to the patients. As I mellowed with age, I didn’t mind where the family was sitting as long as it didn’t interfere with treatment. Sometimes it still can.
But as a patient, my wife was my comfort. I was still half doped up on the medications from surgery, I didn’t know who anyone was that was taking care of me, I didn’t know what was happening to me at the moment, I wasn’t even sure where the hell in the hospital I was.
But I knew Mrs. WhiteCoat’s hand … and I was glad that it was there.
Here are links to the other parts in case you get lost:
Part 1, Part 2, Part 3, Part 4, Part 5, Part 6
Posted in Random Thoughts | 12 Comments »
Monday, April 11th, 2011
Scranton attorney “scores” $10 million medical malpractice verdict after client with spinal cord compression is misdiagnosed as having Lou Gehrig’s Disease.
Man gets brought to emergency department after going to bathroom in WalMart and being unable to get up from toilet. Seems that someone lathered the toilet seat up with glue the night before. They had to remove the seat from the toilet in order to transport the patient to the hospital. Cute … until the prankster gets caught. Police are ready to charge him/her with second degree assault.
Maine medical providers supposedly “flabbergasted that undercover police have been able to purchase a variety of prescription drugs — including Percocet, Vicodin, Ritalin, methadone, and suboxone — on the streets” and that the drugs “are easier to obtain than illicit drugs and they are paid for by the state.” Police chief states that availability is due to overprescription of the medications. Doctors say “but look at my Press Ganey scores!”
New Mexico man brings woman to hospital and asks hospital staff to come outside to help his sick friend. She really was sick – she had been dead for more than a day and was starting to decompose.
Use of CT scans on children in emergency department visits “skyrockets” – especially for complaints such as head injuries, abdominal pain and headaches. One reason for the increase: Fear of lawsuits. “If you send a kid home [without a CT scan] and it turns out you missed an abnormality, not many juries are going to be sympathetic,” says the lead author of the study. Does suing our way to better healthcare still count if doctors pick up one needle in the haystack diagnosis but cause cancer in a handful of kids by significantly increasing the number of scans being performed?
Bad news is that you’ll wet yourself. Good news is that Depends is coming out with designer adult diapers for the club scene. Study shows that chronic users of the club drug ketamine – also known as “Special K” more likely to end up incontinent of urine. Gotta love Google AdWords. Cracks me up that a Depends ad pops up next to the news story. How many people on the Hong Kong club scene are going to click on that ad?
Naked man running through neighborhood “ringing doorbells” brought to the emergency department for evaluation after head-butting a deputy in the jaw when the deputy was trying to arrest him.
In other news, the Joint Commission on Accreditation of Police Organizations (JAC-A-PO) cited the deputy for failure to wear a padded helmet that would have prevented the injury to the patient’s head during the head butt. The Florida State Police must now come up with an action plan on how to prevent such injuries in the future or risk being decredentialed as law enforcement officials. Oh, wait. Sorry. Only medical institutions are subject to inane rules like this.
How’s that insurance for all thingie working for ya? President Obama’s new health care law doesn’t necessarily allow Americans to keep their existing health care coverage. The National Association of Health Underwriters has now confirmed what I stated would happen a long time ago. Seventy percent of brokers have seen employers decrease health care coverage for their employees and more than half of brokers have seen their clients completely drop employee health care coverage — to cut costs. In addition, 40% of brokers have seen employers eliminate jobs and 57% have seen employers reduce hiring due to health care reform. Some insurance companies are pulling out of the health insurance business and others are prepared to pull out of certain markets.
So when employers lay off workers or stop offering coverage and when fewer insurance companies offer policies, the number of people really able to keep their existing health care coverage becomes less and less. Nice smoke and mirrors. At the same time, the number of people who will get thrown into that Ponzi scheme of a Medicaid program grows larger and larger.
Remember the Minnesota “patients gone wild” psychiatric patient who assaulted an emergency physician, knocking the physician unconscious and breaking the physician’s ribs? Now the patient’s family is speaking out about their version of the story. They’re upset that the patient’s name was published in the paper and that he is being treated like a criminal. They also stated that patients shouldn’t be stuck in a room “and wait and wait and wait” and that the emergency physician should have just sedated the patient before the violence occurred. Unfortunately, the family’s response just shows how treatment protocols (see JCAHO policies about sedating patients) and “insurance” problems (more and more psychiatric facilities closing or scaling back beds due to poor reimbursement) imposed by government agencies sometimes get in the way of necessary medical care. Regardless of the reason for an outburst, being upset due to a wait doesn’t justify violence. Would the family be as accepting if the physician got upset at the mother, knocked her unconscious, and broke her ribs?
Either we’re real smart because we’re such technogeeks or we’re real dumb because we have to keep looking up so much information. At 40% adoption rate, emergency physicians are the highest users of mobile technology of any medical specialty.
Posted in Healthcare Update | 23 Comments »
Saturday, April 9th, 2011
1. Go to your primary care physician’s office and refuse to take a random drug test when you entered into a contract to do so in order to get your pain medications refilled.
2. When the doctor threatens to terminate you from his practice, go into the bathroom, urinate in a cup, and then throw the cup all over the bathroom and hallway.
3. Run out of the office before the police get there.
4. Come back to the office after the police arrive go up to the desk, point at the secretary and yell at her that you “know where she lives.”
5. Get a ticket for trespassing.
6. Go to the emergency department in the same town immediately afterwards and say that your family doctor wouldn’t give you your pain medications because he “got too friendly” and you refused to sleep with him.
7. When the ED staff checks the state database and discovers that you filled a month’s worth of Norco two weeks ago, deny it and say that your doctor just put that information on the database to spite you for not sleeping with him.
8. Dare the staff to confirm your story by calling your family doctor and asking him about the whole incident.
9. When the emergency physician does call to check your story and confronts you with what happened, say that the emergency physician must be a “faggot” too and push him out of the way before he “gets hurt.”
10. Go to the emergency department in the next town over and repeat your story.
Posted in Patient Encounters | 13 Comments »
Thursday, April 7th, 2011
By the time we reached the hospital, the parking garage was nearly full. How damn many surgeries do they do at 6:00 in the morning? We ended up getting to the registration desk 15 minutes late.
The presurgical waiting room was dark and kind of musty. There were many antique chairs situated in a maze throughout the room. A large plasma screen TV showed a grid with patient numbers, status, and comments. As we walked up to the desk, we were given a number and told to reference that number in all communications about the patient — me. That number would also be used to track my progress through surgery and into the recovery room.
As we sat down to fill out more paperwork, we walked past a young woman who was sitting in a chair, rocking back and forth, crying, and rubbing the beads on a rosary. That upset my wife and I could see her begin to fidget.
One by one, patient numbers were called, random people and family members stood up, walked to the desk, and then walked out the door into pre-op.
“7126″
“That’s us,” I said to my wife. She just gave me this long sorrowful look that kind of made me feel sad. We took all of our belongings and followed everyone else down the hall to pre-op.
Once inside, there was another maze of hospital gurneys separated by curtains. We were led to one of the “rooms” in the middle of the maze. Hospital staff scurried about with portable computers, entering data as they walked from room to room. On the bed in my room was a garment bag and a gown. I knew the routine. Everything off. Gown with the opening in the back. Hair net to catch all of my flowing locks.
I took off my sneakers, folded up my sweatsuit, and put everything into the bag. I had to wear a sweatsuit to the surgery, because it made me feel as if I was more “healthy” compared all the other people who needed surgery. Also, I figured that if I wore jeans when I left the hospital, they would press upon the surgical site. See? I was thinking ahead.
I sat myself in the bed and pulled the sheet up over my legs. My wife pulled the chair next to me and held my hand. Then we just sat and waited.
A nurse came in and took a history. She confirmed everything that was in the records from my preoperative physical the week prior. Nope. Nothing changed.
Then a surgical resident came in, performed a brief physical exam, and took another history. Same questions the nurse asked. I knew I would have to repeat the same history at least 2-3 more times. That’s just the way things go.
Then the anesthesiologist came by and sized up my jaw. Held my chin in his hand and turned my head from side to side like he was getting ready to sock me. Had me open my mouth. Made sure that I showed him all of my intact teeth. He just wanted to make sure that there wouldn’t be any problem getting the tube down my throat.
Another nurse came in and started my IV. By then, word had gotten around the pre-op area that I was a doctor. One of the other nurses chickened out on sticking me for the IV. The new nurse’s hand was shaking when she came at me with the needle. I felt bad. What’s the big deal? It’s not like I’m going to yell at you. She aced it on the first stick and taped it into place.
For some reason, about 5 minutes later I got very nauseous. Just came up at me out of the blue.
“You better get me a bucket quick – I’m going to hurl,” I told my wife. I was getting that tight feeling in my jaw and my salivary glands were doing double time.
“Did they put something in the IV?” I asked.
“I don’t think so.”
I looked across the hall. There was another guy sitting in a bed staring at me. For some reason, I got irritated.
“Honey, can you close the drape?”
“Why?”
“Because otherwise I’m going to jump out of this fricking bed and go puke in the lap of that dude eyeballing me across the hall.”
“Just relax. He doesn’t have anything else to do. Look at his wife.”
He was just sitting in the bed. His wife was hunched over her CrackBerry texting away and completely ignoring him. Not sure what was so important at 6:30 AM on the day of her husband’s surgery, but my wife was right. Then I felt bad for getting annoyed.
OK, buddy, enjoy the show.
Another nurse came by, ripped open several alcohol swabs and held them up to my nose. “Sniff these, they’ll help.”
I looked at her as if to say “are you kidding me?”
“Trust me.”
So at that instant, I became a “huffer” of isopropyl alcohol. If the odor didn’t help, I could always suck the alcohol out like I’ve seen some patients do in the past.
Damned if it didn’t work. The nausea didn’t go away, but it did get better.
Then an anesthesia resident came by and gave me some Zofran. Cool. Nausea pretty much gone. He began to give me a second medication when Mrs. WhiteCoat asked what it was. He held the syringe so she could see it but so that my line of sight was blocked by his hand.
Mrs. WhiteCoat’s eyes began to tear up.
I thought to myself “Why the heck is she get….”
Whoa.
Here are links to the other parts in case you get lost:
Part 1, Part 2, Part 3, Part 4, Part 5, Part 6
Posted in Uncategorized | 25 Comments »
Wednesday, April 6th, 2011
“You can’t keep popping antibiotics to cure your diverticulitis,” Mrs. WhiteCoat told me.
Yeah, yeah. I know. That’s why I grudgingly went to see a surgeon.
Then I started wondering to myself. Aside from those neurologic complications and the increased incidence of tendon ruptures, why can’t I just take Cipro and Flagyl every few months?
Actually, I was more worried about long-term complications from repeated episodes of diverticulitis. Inflammation from diverticulitis can cause strictures, adhesions, fistulas, obstructions, and other badness that I didn’t want to have to deal with later in life.
So … I may as well get this diseased colon of mine removed while I’m still “healthy.”
We decided to stick with a surgeon that we’ve known for a long time. I had seen him a couple of years prior when I had to stay in the hospital for another episode of diverticulitis. He has lots of experience doing colon surgery, plus he’s a good guy. I requested a month off of work, figuring that I would hopefully be back to normal a few weeks after the surgery.
A week before surgery, I got an e-mail with preoperative instructions from the nurse. Had to make sure that I was “cleaned out” before the surgery, so the day before surgery involved drinking lots of laxatives. I decided I wanted to go even one step further. I pretty much only drank liquids for the two days prior to surgery. I didn’t want there being any chance of extra stool in my colon that could contaminate the surgical site.
We had to be at the hospital at 6:00 AM on the day of surgery. That meant getting up about 4:30 in the morning. No problem, I figured, I’ll be sleeping most of the day. I just felt bad for my wife.
While we were getting dressed, she looked at me and said “I could hardly sleep last night. Aren’t you worried?”
I really wasn’t, except for one thing that kept running through the back of my head. It was almost like a bad omen.
One of the last patients that I had seen in my last emergency department shift was a gentleman who was 50-ish and who had been in a nursing home for the prior 4 months. He suffered a relatively straightforward injury. He was shoveling snow when he slipped and fell, breaking his hip. He had a standard hip replacement performed, but that’s when his troubles began. First, his surgical wound got infected. They had to open up and debride some of the infected tissue. Then, the hip prosthesis became infected. He was on intravenous antibiotics for a month. The organisms were unfortunately resistant to most antibiotics, and the infection persisted, so the surgeons had to remove his entire hip prosthesis. Then he was on more antibiotics to try to cure the remaining infections in the tissues. Since he did not have a hip joint, he was unable to walk and was relegated to a bed. Then he began to develop bed sores. He came to the emergency department because his hip was getting more red and was draining pus … again.
When I looked at him, I felt such pity because you could tell that he was a strong, proud man who was beaten down by a bunch of superbugs and wouldn’t even have existed if it weren’t for all these patients thinking that their runny noses and coughs need antibiotics.
Yep, fate being what it is, I could just see myself getting infected by one of these multiply drug-resistant organisms that I complain about on my blog so much. If I had had a temporary colostomy bag, I could deal with it. Postoperative pain, no problem. Infections… now those worried me. And there wasn’t a damn thing I could do about it.
I packed up a couple sets of scrubs and a couple packs of gum, since I knew that I wouldn’t be able to eat for a while after surgery. I put a computer and an MP3 player in the backpack. I also took my phone and an extra battery just in case. Anything else, I figured someone could bring me later if I needed it.
With that, I gave each of the kids a kiss on the forehead while they were sleeping, then my wife and I walked out of the house hand-in-hand.
“I’M driving,” she said.
“Fine, I’m sure they’ll have some nausea medicine there for me when we arrive,” I joked.
On the way to the hospital, my wife kept looking over at me with tears in her eyes while she was driving. “Cripes, it’s colon surgery,” I thought to myself, “it’s not like they’re doing a heart transplant or something.”
I just smiled back at her.
Here are links to the other parts in case you get lost:
Part 1, Part 2, Part 3, Part 4, Part 5, Part 6
Posted in Uncategorized | 14 Comments »
Wednesday, April 6th, 2011
Thanks for sticking with me and for all the good wishes.
I’m clinging to life. Not back to fighting weight, but getting there. Lost 10 pounds, but don’t recommend this as a weight loss method.
My surgical wound popped open and is slowly leaching essential fluids from my body. In other words, the wound won’t stop draining. Now I have the choice between putting a bulky dressing over the wound to absorb the fluid – and looking like I have a muffintop in the process – or putting on a smaller dressing that gets saturated and makes me look like I wet my pants. I’ve been opting for the latter approach.
Then …. daughter WhiteCoat wakes up in the middle of the night two days ago complaining of severe abdominal pain. We took her to the hospital and she had a ruptured ovarian cyst – we think. Then the pain came back at 3AM today.
Sleep – it’s overrated.
I am writing out a little story about my experiences in the hospital. Probably get 4-5 good posts out of it. Will try to do the first one tonight as long as our house doesn’t explode and my pants stay dry.
What should I call it? “The Cutting of a WhiteCoat”? “Sissyboy gets his first dose of Dilaudid?”
Posted in Random Thoughts | 6 Comments »
Monday, April 4th, 2011
Lots of health care-related news this week. Read more on the satellite edition of this week’s update over at ERStories.net.
Yeah, um, I’m calling in sick today because I had to go to the emergency department for treatment. You just nevermind what the treatment was for. I can’t be seen in public until I soak my head in water, that’s all. And don’t give me grief about the incident taking place 6 months ago. The story was just published last week.
Low health literacy in older Americans is linked to poorer health status and a higher risk of death. That means 75 million Americans – about 25% of the population – are in trouble. Now the government has created a plan to “improve jargon-filled language, dense writing, and complex explanations that often fill patient handouts, medical forms, health web sites and recommendations to the public. That way when lawyers sue medical providers, they can allege that there wasn’t informed consent because of the lack of jargon-filled language, dense writing, and complex explanations.
How’s that “insurance for all” thing working for ya? Have a psychiatric emergency in Massachusetts? Sorry, there aren’t any beds available for your “insurance.” Instead, we’re going to force you to sit in this conference room for a few days with 15-20 other psychiatric patients. You won’t get treatment while you’re waiting and you can’t leave. That should make you never want to complain of psychiatric problems again.
If not, maybe each and every discharged psychiatric patient could be given a bus ticket and cab fare to Governor Deval Patrick’s house to ring his doorbell and personally discuss why he repeatedly cuts funding for psychiatric care.
Ditto for South Carolina where mentally ill patients are “staying in emergency departments longer, clogging the system, creating a financial drain, and heightening the danger to other patients and staff. One patient’s mother described to state legislators how her daughter had been waiting in an emergency department for 8 days and still couldn’t find treatment. Another patient waiting 12 days in the emergency department prevented approximately 84 patients from being seen in the occupied bed. The emergency physician in the hospital predicts that “something bad is going to happen — and that will get people’s attention.”
Not getting treatment from the emergency department quick enough? Try leaving the waiting room, driving to a grocery store, and calling an ambulance. That will get you brought back to the hospital and dropped off … right back in the waiting room.
Emergency department in Huntsville Memorial Hospital in Texas institutes new policy. First, you get screened for an emergency medical condition. If you don’t have one, you have three options: see your primary care physician, go to the hospital’s Medical Clinic, or stay in the emergency department and pay for your care.
Insightful article in the NY Times about the changing attitudes toward practicing medicine in the US. More medical practitioners are “getting off the hamster wheel” and value quality of life much more than finances as the most important factor in their job searches. In addition, the public perception of physicians has changed. “Doctors were once revered, but a host of intermediaries — insurers, lawyers, the Internet, growing patient needs and expectations — have intervened, to the point that many patients now see doctors as interchangeable. Younger doctors are deciding that the personal price of being at their patients’ beck and call is too high ….”
“[My medical insurance card] is a useless piece of plastic,” says a patient who has three ruptured discs in her neck but can’t find a surgeon or pain specialist who accepts Medicaid and will treat her medical problem. Yet Medicaid enrollment will increase from 56 million now to 71 million in 2016 as Medicaid soon becomes the nation’s largest health insurer. One mother “tried for more than a year to find a child psychiatrist or psychologist” to help her son, but all providers told her that “they absolutely do not take Medicaid.”
Pssst. All you prisoners in Tennessee want to get out of jail? Complain of chest pain and request to go to the emergency department. To avoid paying the bill for medical care, sheriff’s deputies remove handcuffs of prisoners at the front door of the emergency departments and let them go. Pass it on.
Medicare’s cost-cutting is putting rural hospitals in a “precarious position” according to HHS Secretary Kathleen Sebelius. You don’t say!
Medical malpractice lawyer asks client to disrobe so he can examine her surgical scars. Then he rapes her. Bond for his release – set by other lawyers – is a whopping $7,500.
US Veteran with terminal cancer goes to emergency department three times and is discharged three times because he didn’t meet the government’s criteria for acute-care admission. When the family can’t even get him out of the car at home, they call 911 and he is taken to a private hospital where he is admitted and he dies 3 days later. Many in the comments section of article blast the quality of care in the VA system. “Those who support Universal Health Care should join the military. You’ll change your mind real quick. Free health care … you get what you pay for.”
Posted in Healthcare Update | 13 Comments »
Friday, April 1st, 2011
Remember Charles Cullen? The Angel of Death nurse who killed at least 29 patients in various hospitals throughout New Jersey and Pennsylvania? He admitted sneaking into the patients’ rooms at night and injecting them with overdoses of medications – usually either insulin, digoxin, or epinephrine.
Many law firms sued Cullen and the hospitals at which he worked for the patient deaths and won substantial judgments. But several of the law firms took things a little too far.
Charles Cullen obviously didn’t kill every patient that he cared for during his 16 year career. But some law firms sued the hospitals that Cullen worked at solely because Cullen cared for patients who later died. Their lawsuits alleged that Cullen killed patients even though there was a “complete lack of evidence” to support those claims. The cases were dismissed by the trial judge and the dismissals were affirmed on appeal. During depositions in the cases, family members admitted that they had no evidence linking Cullen to the death of the patients, only a “hunch” that the nurse “might” have been responsible.
Now one of the hospitals is suing the law firms for filing these frivolous cases.
St. Luke’s Hospital in Lehigh Valley, PA is suing Cohen & Feeley in Bethlehem, PA and John R Vivian of Easton, PA for proceeding with cases that the attorneys knew were “baseless and lacking in evidence.” In addition, St. Luke’s sued the medical expert who certified the cases, Dr. John J. Shane, alleging that he used a “boilerplate” certificate of merit to allow the cases to proceed and did not even review the medical records of the victims before certifying the cases. Dr. Shane has been in trouble with the law before. In 2008, he was indicted by the Department of Justice for conspiracy and wire fraud (.pdf file) when he and two attorneys allegedly forged the will of a deceased person in an attempt to become beneficiaries of a multimillion dollar estate. Sounds like St. Luke’s Hospital needs to add a cause of action for “negligent hiring” to its lawsuit against the law firms.
The hospital seeks more than $500,000 in legal fees that it paid to defend the baseless lawsuits in addition to punitive damages.
A “loser pays” system in this country would probably have prevented the lawsuits from even being filed. Instead, now the hospital has to spend even more money on attorneys’ fees and file a counterclaim in order to obtain justice.
The hospital should get at least $30 million for noneconomic damages in this case. Maybe more. After all, who can put a value on how much distress the hospital administrators and the hospital staff went through based on the unprofessional actions of these attorneys?
Posted in Medical-Legal, News Commentary | 44 Comments »
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Medical Malpractice Firms Get Taste of Their Own Medcine
Friday, April 1st, 2011Many law firms sued Cullen and the hospitals at which he worked for the patient deaths and won substantial judgments. But several of the law firms took things a little too far.
Charles Cullen obviously didn’t kill every patient that he cared for during his 16 year career. But some law firms sued the hospitals that Cullen worked at solely because Cullen cared for patients who later died. Their lawsuits alleged that Cullen killed patients even though there was a “complete lack of evidence” to support those claims. The cases were dismissed by the trial judge and the dismissals were affirmed on appeal. During depositions in the cases, family members admitted that they had no evidence linking Cullen to the death of the patients, only a “hunch” that the nurse “might” have been responsible.
Now one of the hospitals is suing the law firms for filing these frivolous cases.
St. Luke’s Hospital in Lehigh Valley, PA is suing Cohen & Feeley in Bethlehem, PA and John R Vivian of Easton, PA for proceeding with cases that the attorneys knew were “baseless and lacking in evidence.” In addition, St. Luke’s sued the medical expert who certified the cases, Dr. John J. Shane, alleging that he used a “boilerplate” certificate of merit to allow the cases to proceed and did not even review the medical records of the victims before certifying the cases. Dr. Shane has been in trouble with the law before. In 2008, he was indicted by the Department of Justice for conspiracy and wire fraud (.pdf file) when he and two attorneys allegedly forged the will of a deceased person in an attempt to become beneficiaries of a multimillion dollar estate. Sounds like St. Luke’s Hospital needs to add a cause of action for “negligent hiring” to its lawsuit against the law firms.
The hospital seeks more than $500,000 in legal fees that it paid to defend the baseless lawsuits in addition to punitive damages.
A “loser pays” system in this country would probably have prevented the lawsuits from even being filed. Instead, now the hospital has to spend even more money on attorneys’ fees and file a counterclaim in order to obtain justice.
The hospital should get at least $30 million for noneconomic damages in this case. Maybe more. After all, who can put a value on how much distress the hospital administrators and the hospital staff went through based on the unprofessional actions of these attorneys?
Posted in Medical-Legal, News Commentary | 44 Comments »