Med Mal News

Med Mal Claim: Wife's Murder Connected to Disturbed Husband's Suicide

A doctor found liable for medical malpractice for failing to diagnose and treat a man who killed his wife (whom he suspected of cheating on him) and then committed suicide is seeking a retrial, claiming that the court improperly allowed in extraneous evidence that prejudiced the jury. Specifically, another doctor was allowed to testify that the murder/suicide was a single event, so that damages for the wife's murder were recoverable based on the patient's aggression, which the plaintiffs claim could have been prevented had he received the proper medical diagnosis and referral. The defense also argues that there was no evidence presented to show that the deceased showed signs of suicidal or homicidal ideation. The suit was brought by the deceased man's family.

Gynecologists: Women Only

In late November, the American Board of Obstetrics and Gynecology clarified its stance on the treatment of male patients: Anyone wishing to obtain or retain a certification from the organization must refrain from treating men except when they are: 1) in active government service; 2) evaluating fertility; 3) conducting genetic counseling and testing of a couple; 4) evaluating and managing sexually transmitted infections; 5) administering immunizations; 6) managing transgender conditions; 7) offering emergency, pandemic, humanitarian or disaster response care; 8) offering family planning services, not to include vasectomy; 9) conducting newborn circumcision; and 10) completing ACGME-accredited training and certification in other specialties.

The new rules were promulgated in response to the fact that some gynecologists have been branching out into other areas of medical practice, muddying the definition of what a gynecologist is. But because gynecology is the only medical specialty restricting the gender of patients who may be treated, there has been debate among practitioners about the fairness and advisability of the Board's stance. For example, gynecologists may find themselves unable to conduct clinical trials that involve subjects of both sexes.

Technician Sentenced

In September 2013, David M. Kwiatkowski, a traveling medical technician, pleaded guilty to eight counts of obtaining controlled substances by fraud and eight counts of tampering with a consumer product, after he admitted to injecting himself with the federally controlled drug Fentanyl in 2011 and 2012, using syringes meant for patients in his care. He then filled the empty syringes with saline solution and replaced them, and these were injected into patients. In December 2013, the convicted felon was handed a sentence of 39 years' imprisonment.

According to the Centers for Disease Control and Prevention (CDC), Hepatitis C causes more U.S. Deaths each year than does HIV. The crime came to light after New Hampshire's Exeter Hospital experienced an unexplained outbreak of Hepatitis-C in May 2012. As part of his plea, Kwiatkowski admitted that he became aware that he was infected with Hepatitis-C in 2010. At least 45 patients in four hospitals for which Kwiatkowski worked were found to have the same genetic strain of Hepatitis-C that Kwiatkowski has.

Mixup Means HIV-Positive Patient Was Not Told

Walter Reed National Military Medical Center of Bethesda, MD, issued a release Jan. 15 updating the public on its efforts to rectify a frightening mistake. Their error: In Oct. 2013, the hospital sent 150 blood samples to be tested for HIV, one of which came back positive, but the patient identified as having provided that sample was not the correct one. The other 149 test subjects were informed that they were clear of the virus. This mix-up was uncovered when the misidentified patient underwent further tests that showed he or she was not in fact HIV-positive. The hospital determined that 72 test subjects might have provided the HIV-positive blood sample, and it reached out to them for reevaluation. As of Jan. 15, 63 of those patients had been re-tested, but nine more remained to be checked. According to the release, the hospital is continuing its efforts to contact the remaining nine patients until it can “identify and retest the one person whose sample was positive.”

'

'

Med Mal Claim: Wife's Murder Connected to Disturbed Husband's Suicide

A doctor found liable for medical malpractice for failing to diagnose and treat a man who killed his wife (whom he suspected of cheating on him) and then committed suicide is seeking a retrial, claiming that the court improperly allowed in extraneous evidence that prejudiced the jury. Specifically, another doctor was allowed to testify that the murder/suicide was a single event, so that damages for the wife's murder were recoverable based on the patient's aggression, which the plaintiffs claim could have been prevented had he received the proper medical diagnosis and referral. The defense also argues that there was no evidence presented to show that the deceased showed signs of suicidal or homicidal ideation. The suit was brought by the deceased man's family.

Gynecologists: Women Only

In late November, the American Board of Obstetrics and Gynecology clarified its stance on the treatment of male patients: Anyone wishing to obtain or retain a certification from the organization must refrain from treating men except when they are: 1) in active government service; 2) evaluating fertility; 3) conducting genetic counseling and testing of a couple; 4) evaluating and managing sexually transmitted infections; 5) administering immunizations; 6) managing transgender conditions; 7) offering emergency, pandemic, humanitarian or disaster response care; 8) offering family planning services, not to include vasectomy; 9) conducting newborn circumcision; and 10) completing ACGME-accredited training and certification in other specialties.

The new rules were promulgated in response to the fact that some gynecologists have been branching out into other areas of medical practice, muddying the definition of what a gynecologist is. But because gynecology is the only medical specialty restricting the gender of patients who may be treated, there has been debate among practitioners about the fairness and advisability of the Board's stance. For example, gynecologists may find themselves unable to conduct clinical trials that involve subjects of both sexes.

Technician Sentenced

In September 2013, David M. Kwiatkowski, a traveling medical technician, pleaded guilty to eight counts of obtaining controlled substances by fraud and eight counts of tampering with a consumer product, after he admitted to injecting himself with the federally controlled drug Fentanyl in 2011 and 2012, using syringes meant for patients in his care. He then filled the empty syringes with saline solution and replaced them, and these were injected into patients. In December 2013, the convicted felon was handed a sentence of 39 years' imprisonment.

According to the Centers for Disease Control and Prevention (CDC), Hepatitis C causes more U.S. Deaths each year than does HIV. The crime came to light after New Hampshire's Exeter Hospital experienced an unexplained outbreak of Hepatitis-C in May 2012. As part of his plea, Kwiatkowski admitted that he became aware that he was infected with Hepatitis-C in 2010. At least 45 patients in four hospitals for which Kwiatkowski worked were found to have the same genetic strain of Hepatitis-C that Kwiatkowski has.

Mixup Means HIV-Positive Patient Was Not Told

Walter Reed National Military Medical Center of Bethesda, MD, issued a release Jan. 15 updating the public on its efforts to rectify a frightening mistake. Their error: In Oct. 2013, the hospital sent 150 blood samples to be tested for HIV, one of which came back positive, but the patient identified as having provided that sample was not the correct one. The other 149 test subjects were informed that they were clear of the virus. This mix-up was uncovered when the misidentified patient underwent further tests that showed he or she was not in fact HIV-positive. The hospital determined that 72 test subjects might have provided the HIV-positive blood sample, and it reached out to them for reevaluation. As of Jan. 15, 63 of those patients had been re-tested, but nine more remained to be checked. According to the release, the hospital is continuing its efforts to contact the remaining nine patients until it can “identify and retest the one person whose sample was positive.”

'

'