The former medical director of the psychiatric unit at Sentara Obici Hospital in Suffolk was indicted in U.S. District Court in Norfolk on Tuesday, June 21, 2011. His arraignment is scheduled for July 13.

According to the indictment, Dr. Kaye released information about a female patient whom he treated for mental health problems in 2007. The indictment states that he treated the patient for two weeks at Sentara Obici Hospital and released the information about the patient in February 2008 to an “agent” of the patient’s employer. The alleged release of information was given without the patient’s consent.

The indictment also states that Dr. Kaye disclosed the information under false pretenses. He said that the woman was of “serious and imminent threat to the safety of the public.” The indictment accuses Dr. Kaye of knowing that she was not a threat to the safety of the public.

Dr. Kaye’s alleged violation involved HIPAA (Health Insurance Portability and Accountability Act). HIPAA went into effect in 2003.

Dr. Kaye’s attorney announced that his client will be pleading not guilty to the charges. If convicted, he could face up to five years in prison.

the surgeon, Michael Snedden, MD, agreed to the entry of a consent order in the case. The Board of Medicine found that in May, 2008 a patient presented to him with a complaint of a lump on the posterior side of her right shoulder. Later, an MRI confirmed the location of the lump.

On the day of surgery, however, the surgeon did not review the MRI report nor did he confirm the location of the lump with the patient. During the surgery he did review the MRI film however he misinterpreted the film and as a result removed a mass from the front of the shoulder instead of the rear of the shoulder were the lump was originally found.

As a result, the patient had to have another surgery.

Has denied any liability to the patient in a lawsuit she filed in the Circuit Court for the city of Fredericksburg.

The Board of Medicine Consent Order is here.

The Free Lance Star has articles on this case here and here.

Just click on the video image.

Defensive medicine is the term used to describe the practice of doctors ordering unnecessary tests and procedures, because they are scared of being sued for malpractice.  To date, the argument supporting defensive medicine hasn’t been too convincing.  However, that doesn’t seem to stop researchers from trying to drum up figures showing it exists.

One of the most recent studies, which was published in Health Affairs, reported that the yearly cost associated with medical liability hovers around $55.6 billion.  According to researchers, a large percentage of this amount ($45.6 billion) is linked to defensive medicine.

Researchers from Harvard University and the University of Melbourne conducted the study.  The Wall Street Journal reported that the study authors admitted, “defensive medicine is the hardest piece of the liability costs puzzle to calculate.”  Michelle Mello, one of the authors, stated that a portion of the analysis was “based on synthesis of the best available previous” research.

The American Association for Justice (AAJ) believes that limiting the rights of injured patients will do little to lower healthcare costs.  The organization feels that the focus should be on decreasing the amount of deaths each year that result from avoidable medical errors.

For more information regarding medical negligence, be sure to order Virginia medical malpractice attorney Ben Glass’s controversial book, Why Most Medical Malpractice Victims Never Recover a Dime.

Nine months ago, well-known surgeon Dr. Marc Siegel, was charged with felony property damage after allegedly scratching Dr. Jim Lebolt’s vehicle with a key while the car was in the Montgomery Regional Hospital parking lot in October.  Just last Monday, the felony charge was lowered to a misdemeanor in Montgomery County Circuit Court.

In January, Dr. Siegel pleaded no contest, as he agreed that there was enough evidence to find him guilty. However, there was some argument over whether the charge should have been a felony.  For property damage to be considered a felony, the damage has to exceed $1,000.  Even though it cost over $1,000 to repair the BMW, another shop gave an estimate that was less than $1,000.

Circuit Court Judge Ray Grubbs decided that Dr. Siegel has complied with the terms of a written agreement and had no new charges.  The Judge therefore dismissed the felony charge against the surgeon.

So, what would cause a prominent surgeon to key another surgeon’s car? According to Dr. Siegel’s lawyer, it was the result of “peer rivalry.”

According to the Roanoke Times, Dr. Siegel apologized not only to his patients, but also to Virginia Tech athletes, with whom he served as a team surgeon.  He said that he did not set a good example.

A recent federal study revealed some shocking practices in these medical centers.  According to this study, researchers found that in some centers, the medical staff failed to wash hands, wear gloves and clean blood glucose meters.  These findings, which were reported in the Journal of the American Medical Association, implied that these poor infection controls could be occurring in the nation’s more than 5,000 outpatient centers.

This study followed the outbreak of hepatitis C that took place in Las Vegas. It was believed that this outbreak was the result of unsafe injection practices at two clinics, which have since been shut down.

During the study, inspectors visited 68 centers in Maryland, North Carolina and Oklahoma.  While at the facility, inspectors followed at least one patient through an entire stay.  Even though the inspectors’ visits were not announced ahead of time, the medical staff was informed once they arrived.

Researchers discovered that 67 percent of the centers studied had at least one lapse in infection control and 57 percent were cited for deficiencies.

“These people knew they were under observation, had the opportunity to be on their best behavior and yet these lapses were still identified, some of which potentially are very dangerous and have been warned against explicitly,” commented Dr. Philip Barie of Weill Cornell Medical College in New York.

If you believe you have been harmed by medical malpractice in Virginia, be sure to order a free copy of Fairfax medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

What makes matters even worse in a medical negligence case is that the jurors are often misled by the insurance industry. The insurance industry spends millions funding “research” to suggest that there is a prevalent problem with medical malpractice lawsuits.  This research supposedly shows that excessive verdicts are causing malpractice insurance carriers to increase their premiums, which in turn is pushing doctors out of the medical field.

When jurors hear this type of message from the insurance industry, they often award lower verdicts than they would have ten years ago.  That means that many victims of medical negligence receive less from the jury than what is needed to cover their medical expenses.

You can read more about these lawsuits and why so many malpractice victims don’t recover compensation in Virginia medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

In a medical malpractice suit, you have to prove that the doctor or hospital’s actions deviated so far from what is the accepted standard within the medical field that they would be considered negligent.  However, that’s not enough to win your case.  You also have to show that this negligence was the primary cause of your injury.

One of the key elements to winning a medical malpractice case is a physician expert witness. That means you need to find a doctor in the same specialty as the negligent physician who is willing to testify that the conduct fell below accepted standards.  These witnesses are not always easy to find and when you do locate one, don’t be surprised by how expensive it will be.

Physicians are usually reluctant to testify against fellow medical professionals. Therefore, it is sometimes necessary to bring in physicians from other parts of the country, which ends up increasing the cost.

For more information regarding medical malpractice suits, order your copy of Virginia medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime.

On December 29, Dr. Cashion of the Anesthesiology Consultants of Virginia, filed a civil lawsuit claiming that Dr. Smith accused him of euthanizing a patient who died during surgery in November.  Dr. Cashion had other examples of alleged defamatory comments made by Dr. Smith, including one statement that he “gave up” on a patient.  He is pursuing $2.35 million in compensatory and punitive damages.

According to Paul Beers, who is representing Dr. Smith, “all of these alleged statements are matters of opinion and hyperbole.”  He argued in court documents that opinions are protected speech.  Mr. Beers went on to say that “Dr. Smith pleads that he made no false assertions or fact concerning Dr. Cashion.”

Dr. Smith’s lawyer has requested that the suit be dismissed and that Dr. Cashion pay for legal fees.  If he is not able to get the case dismissed, Dr. Smith has requested that he receive a jury trial.

The Roanoke Times reported that Dr. Cashion’s attorney, Scott Austin, hasn’t responded in court to the latest documents.