Negligent MDs? Don't take passive role
September 1, 1996 3 minutes read
Negligent MDs? Don't take passive role
In an extreme case, a hospital's failure to take action against an incompetent physician or implement more rigorous quality assurance measures could lead to claims for negligent credentialling or even punitive damages against the hospital itself.
Two recent criminal cases, in which the defendant doctors had a history of similar incidents but were allowed to continue practicing, offer insight. In a well-publicized New York case, obstetrician Dr. David Benjamin was found guilty of second-degree murder, and sentenced to the maximum of twenty-five years to life after a patient bled to death following a botched second-trimester abortion.1
According to the proof at trial, the patient suffered a 312-inch tear in her cervix and vagina and was left bleeding on an operating table in the doctor's clinic while he attended to another patient. When the doctor finally summoned assistance, he refused to give his name and insisted that the patient had suffered a cardiac arrest.
Dr. Benjamin had been disciplined on five prior occasions as a result of bungled obstetrical and gynecological procedures, and at the time of the abortion, he was appealing a revocation of his license in connection with another matter. In addition, he had previously practiced under a different name but changed his name and moved to Queens from upstate New York while an investigation by the state medical board was pending.2
In People v. Verbrugge, a Colorado anesthesiologist, Dr. Joseph Verbrugge, was charged with manslaughter after he fell asleep during an operation, and the patient, an 8-year-old boy, died. The boy's death was allegedly the result of a clogged airway and overheating that caused carbon dioxide to build up to toxic levels.3
An administrative law judge found that the defendant had been grossly negligent in, among other things, failing to calibrate the anesthesia machine, failing to monitor the patient during surgery, and failing to respond to evidence of a developing crisis.
Although Dr. Verbrugge had apparently fallen asleep in six prior surgeries, no charges were brought in connection with these incidents.4 In fact, because the hospital where he practiced had not suspended his privileges, these allegations were not immediately reported to the state medical board. They were revealed only after he was charged with manslaughter, and the Colorado Medical Board formally requested his peer review file.
Moreover, even though Dr. Verbrugge was suspended from practice in Colorado following the boy's death, this did not bar him from attempting to obtain a license in other states. An application for a California license was pending, and he applied for a license in New Mexico after being charged with manslaughter.5
If the events of the Benjamin case had occurred in a hospital where Dr. Benjamin had privileges, rather in than the doctor's private clinic, the patient's family might have had a valid claim for negligent credentialling, assuming knowledge of the prior incidents could be established. Such a claim could be based either on the theory that the hospital was negligent in failing to conduct an adequate investigation, or that it was negligent in extending privileges despite knowledge of prior disciplinary actions and the underlying conduct.
In the latter instance, an argument might be made that the hospital was reckless in overlooking the prior history, and this could set the stage for an award of punitive damages against the hospital. Likewise, the prior incidents involving Dr. Verbrugge -- which apparently were peer-reviewed but did not result in a suspension of privileges -- might support a claim that the hospital was negligent in failing to take disciplinary action and in allowing him to continue to practice.
References
1. See 25 Years to Life for Doctor in Woman's Death After a Bungled Abortion, New York Times, Sept. 13, 1995:B3:1.
2. See More Doctors Face Prosecution; Crimes Charged in Cases of Deadly Error, NY Newsday, April 18, 1995; A35.
3. See Doctor Faults Verbrugge in Death, Denver Post, Sept. 16, 1995:B:3:7. Doctor-Data Demand Grows, Denver Post, Sept. 17, 1995:A:1.
4. Id. Dr. Verbrugge was licensed in California and was placed on probationary status there for five years in 1994 after his Colorado license was revoked. Dr. Verbrugge is currently facing a hearing before an administrative law judge to determine whether his California license should also be revoked. He recently withdrew an application for a license in New Mexico. See Doctor Facing Charges in Denver Could Also Lose California License, Rocky Mountain News, Dec. 2, 1995:44:A.
5. See also Doctor Drops Bid for NM License, Rocky Mountain News, Dec. 10, 1995:28:A. *
You have reached your article limit for the month. Subscribe now to access this article plus other member-only content.
- Award-winning Medical Content
- Latest Advances & Development in Medicine
- Unbiased Content