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.

Q: “Do you believe wrong site surgery should never happen?”

A: I think we do everything we can do to minimize risk of things like that, but I don’t believe the world is perfect, no.

Q: But would you argree that, we both know it happens..wrong people get operated on, wrong organs get removed, but my question to you is different. Don’t you agree is should never happen?

A: I answered the question

Q: Then your answer is that it should happen?

A: maybe the court reporter can read back the answer. [court reporter read back answer, above]

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.

The physician has been deposed. His deposition is here. Love to hear what others think.

Ms. Lopez was like many mothers, who opted for cosmetic surgery to make herself feel more attractive after having children.  The 36-year-old mother of four elected to have a breast lift and augmentation, liposuction, and a tummy tuck.  Just one hour after her operation, Ms. Lopez was sent home, despite that she was allegedly having trouble breathing. In the words of her family’s lawyer, Kenneth Wills, she was “whisked out the door.”

Supposedly, Ms. Lopez was not only having breathing problems, she was also experiencing dizziness, fever, concentration and difficulty moving, following the surgery performed by Dr. Matthew Galumbeck.  The next day, her sister reportedly called a nurse out of concern over Ms. Lopez’s symptoms, but according to Mr. Wills, no one followed up.  That evening, Ms. Lopez’s daughter found her mother in bed, unresponsive.

Based on the autopsy, she died of aspiration pneumonia, which was the result of the contents of her stomach traveling into her esophagus and down her trachea into her lungs.

What did Dr. Galumbeck have to say about the situation?  He testified that his patient, Ms. Lopez, did not have any complications during the operation.  The doctor said that he reviewed her medical records before she left the recovery room and did not notice any warning signs of distress.

Dr. Galumbeck’s attorney argued that his client did not violate the standards of care.  Mr. Wills put it differently – “what matters in this case is this lady had plastic surgery, she was ignored and she died.”

UPDATE 10/5/2010:

Following the jury’s decision, the defendant’s attorney filed a motion to set aside the verdict.  However, on Friday, October 1st, Circuit Court Judge Edward W. Hanson Jr.  denied the motion and upheld the jury verdict.

Mr. Wills was quoted as saying, “I think that the decision was correct. She left four children. Three of them are very young and will have many, many years without their mother.”

Dr. Mark Greenawald, a chairman of the department of family medicine at the Virginia Tech Carilion School of Medicine and the director of medical student education at Carilion Clinic, supposedly violated standards for prescribing controlled substances to two patients.  He had allegedly improperly prescribed two versions of the sleep drug, Ambien.  Dr. Greenawald is now being required to complete 15 hours of continuing education classes on prescribing controlled substances.

According to a consent agreement between Dr. Greenawald and the board, he prescribed 676 Ambien CR pills and 225 Ambien pills during a 274-day period for just one patient.  That equates to three pills a day.  Apparently, this patient was also getting pills from other doctors.

Dr. Greenawald prescribed another patient 800 Ambien CR pills for a 319-day period.  He informed state investigators that once he realized the frequency of prescriptions, he stopped prescribing the drugs to the patient.

This case is not isolated.
Improper prescribing of drugs is the most common violation that is handled by the board of medicine.  According to Dr. William Harp, executive director of the Virginia Board of Medicine, over the past five years, the board has discovered about 32 violations a year involving prescriptions.

Four other Virginia physicians have recently been found to be in violation of standards by the board, some of which included improper prescribing.  Two of these doctors’ violations were considered to be severe enough to cause them to lose their right to practice medicine.

What happens if you find yourself injured due to medical negligence? Read Virginia medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Never Recover a Dime, for more information.

Sixty-one-year-old Max DeVries from St. Paul, Minnesota went to St. Joseph’s Hospital for a routine surgery following a stroke.  While he lay on the operating table, under the effects of anesthesia, he fell and hit his head on the floor.  The 300-pound man suffered severe and significant bleeding after he smacked his head in the same place that doctors had previously removed part of the skull.  He later died from a massive stroke.

Apparently, the man was secured by Velcro straps that had failed. His family has filed a lawsuit claiming that the fall caused or contributed to his death.

The hospital has been accused of not having appropriate facilities and equipment to operate on overweight patients. Mr. Vries’ family contends that the tables were not wide enough and the straps that were used were the incorrect size.  They were allegedly told by the hospital that the straps were not strong enough to hold the patient.

What does the hospital have to say for itself?  Well, according to a hospital statement, it is conducting an investigation.  Really? After all these months that’s the best the hospital can do?

This case goes on the list of the “never should have happened” events. Put it right up there with wrong site surgery.