Local Hospital Fined $75K for Removing Wrong Kidney – Kaiser Foundation Hospital in San Diego among 12 California hospitals penalized (Sam Spital)

COMMENTARY BY SAM SPITAL, SAN DIEGO PERSONAL INJURY AND CALIFORNIA PROFESSIONAL LICENSE ATTORNEY:

“Reported December 20, 2012 online by NBC TV Channel 39 was the action taken by the California Department of Public Health that fined Kaiser Foundation Hospital for removing the wrong kidney of an 85 year old male patient. Multiple physicians over a four (4) year period of time found and documented a cancerous tumor on his left kidney, but the surgery was performed on the wrong kidney.

As is standard procedure, the surgeon used a marking pen to identify the location and/or object of the surgery. However, he incorrectly marked the right kidney and no other medical or nursing staff noted the error. This could also have been avoided had the doctor viewed the previous medical records and/or the series of past CT images of the left kidney, the latter easily available and as a matter of course required to be viewed on a screen in the operating room. This is despite elementary medical principles and practices as well as standards of care specified in the Joint Commission Universal Protocols adopted by Kaiser that mandate such films to be displayed and viewed on a nearby x-ray illuminated viewing box in the operating room.http://www.cdph.ca.gov/certlic/facilities/Documents/HospitalAdministrativePenalties-2567Forms-LNC/2567KaiserFoundationSanDiego-SanDiegoCounty-NDLD11.pdf. The protocols even go so far as to require ‘time out” for the surgical team to confer regarding, and provide a final verification for, the surgery. All of the above steps were unfortunately ignored.

The daily activities of living of the patient were severely interrupted and will be impaired forever. Due to the horrifying result of the surgery, the lifestyle of this senior citizen cannot ever be the same. A claim or lawsuit for medical malpractice against the individuals involved as well as negligence of the hospital likely ensued; however, the article does not contain any information regarding these facts. It strains credulity to read or hear about such events. One can only hope this is an extremely rare anomaly, albeit never should have occurred.”

–Sam Spital

 

Del Mar plastic surgeon facing serious allegations from state medical board – Paul Chasan in middle of administration hearing (Sam Spital)

commentary by CALIFORNIA MEDICAL BOARD & PROFESSIONAL LICENSE DEFENSE LAWYERS:

“On November 28, 2012, ABC 10 News posted online a report of a local physician facing charges by the Medical Board of California (MBC) in connection with an Accusation filed seeking to suspend or revoke his license to practice medicine. A very brief summary was refeerenced in the article. Hence, it would be more advantageous to view the actual allegations rather than summarize them. The link to the First Amended Accusation is: http://www2.mbc.ca.gov/LicenseLookupSystem/PhysicianSurgeon/document.aspx?path=%5cDIDOCS%5c20120302%5cDMRAAADE11%5c&did=AAADE120302220259312.DID&licenseType=G&licenseNumber=68600#page=1

In regard to any allegation the doctor had sex with patients, it was reported the Administrative Law Judge dismissed all of the allegations relating to sex. The physciain’s lawyer is quoted as saying: ‘Dr Chasan is an ethical, dedicated, highly-respected plastic surgeon who never has exploited his physician-patient relationships with patients and yesterday the judge hearing this matter dismissed all charges against him in this regard so such charges are not part of the hearing taking place now.’

Clearly, an Accusation contains allegations and should not be construed as valid, in full or in part, until all of the evidence is on record, findings of fact and conclusions of law are then compiled into a Proposed Decision by the Judge hearing the case. Thereafter, the MBC has the legal authority to accept, reject or modify the same and issue its own (final) Decision. Most importantly, an experienced State Professional License Defense Attorney has a plethora of strategies that can be presented to marginalize the charges and/or establish a compelling defense.”

–Sam Spital