Syracuse Personal Injury Law Blog

A former Poughkeepsie, New York, orthopedic surgeon who is facing multiple medical malpractice lawsuits performed a stunning number of surgeries — an average of 17 a day. This is based on surgical logs obtained by multiple sources.

The surgeon, who was fired from a local medical group in 2011, has had 261 lawsuits since 2009 for botched, ineffective, or unnecessary operations, and more. In some cases, according to plaintiffs, the records show surgeries that did not take place. They say surgical logs indicate that sometimes he put people under anesthesia, but did not do surgery. Two attorneys say they have logs indicating that he performed multiple procedures in less than eight minutes. Plaintiffs also allege that he billed them for procedures he did not perform. Records obtained by the Poughkeepsie Journal corroborate the numbers found by the attorneys — as many as 22 in one day. By comparison, the average orthopedic surgeon performs 32 procedures in a month, according to the American Academy of Orthopedic Surgeons.

The surgeon, however, is not the only one being held liable. Many of the suits also name the medical facility where the surgery was performed for lack of oversight in failing to question or limit the number of procedures the doctor performed, and in some cases for ignoring concerns voiced by staff members. Several area medical facilities are named in the lawsuits. Plaintiffs’ attorneys say the surgical logs are proof that others knew what he was doing, and did nothing to stop it.

The Syracuse Post-Standard has just published documents detailing a potentially catastrophic medical mistake by St. Joseph’s Hospital Health Center in October 2009. They were about to harvest the organs of a patient they believed to be dead when she opened her eyes.

Doctors determined that a woman who had overdosed on Xanax and over-the-counter drugs had suffered cardiac death and irreversible brain damage. Her family agreed to take her off life support and let her organs be removed for transplant. However, as she was wheeled into the operating room, she woke from what had been a deep coma from the overdose.

When the state Department of Health reviewed the case, investigators found that staff had ignored signs of the patient’s improvement. They determined that the woman had not suffered a cardiopulmonary arrest or irreversible brain damage. The state outlined steps that doctors failed to take, including performing enough brain scans, and testing to ensure the drugs were out of her system. Further, doctors ignored nurses’ observations of her increasing neurological function.

A proposed law that would have eased the statute of limitations on medical malpractice lawsuits has died in the New York State Assembly. The proposed legislation was known as Lavern’s Law, after a Brooklyn woman who died of lung cancer this year.

The saga of the bill’s namesake began in 2010 when doctors at Kings Hospital allegedly discovered a mass on a chest x-ray, but failed to tell her about it. When she started having serious breathing problems, another Kings County doctor discovered what had happened. However, by then, it was too late under New York law for her to sue for the medical mistake. She developed cancer that spread to both lungs, and died earlier this year at the age of 41. She is survived by a 15-year-old autistic daughter.

Assemblywoman Helene Weinstein of Brooklyn, who sponsored Lavern’s Law, withdrew it even though it had the backing of others in the Assembly, because she learned that it would not have the support of State Senate leader Dean Skelos. Weinstein, a long-time campaigner against New York’s medical malpractice statute of limitations, said that when she saw that the bill would not be taken up by the State Senate, she decided it would be better to withdraw it, and try again in the next session. She says she did not want to subject the bill to debate in the Assembly only to see it go nowhere in the Senate.

Four nurses at Samaritan Medical Center in Watertown, New York, have been charged with illegally dispensing medication. The most recent nurse to be arrested was a full-time emergency room nurse, while the other three were traveling nurses.

The full-time nurse, who has been suspended, was found to have discrepancies in several controlled substance withdrawal, administration, and wasting medications between December of 2012 and April of 2013. The three traveling nurses were charged with illegally dispensing various medications, including hydrocodone, oxycodone, Dilaudid, Norco, and Tylenol with Codeine, without a physician’s order. According to Samaritan Medical Center, all three of those nurses were immediately terminated.

A spokesperson for the Samaritan Medical Center said they discovered all four nurses’ violations in their monthly audit of the drug dispensing system. She says they reported their findings to the Bureau of Narcotics and the New York State Police when they discovered the problem. She also reported that the medical center plans to conduct audits more frequently, and make changes to their hiring system. However, she noted that they already do a background check on all nurses, whether traveling or full-time. This includes a drug screening. The nurses were working at this facility on a temporary basis to fill vacancies that resulted from the expansion of Samaritan Medical Center’s emergency room over the past few months.