March 18, 2008

Oooh, Baby, It's Lawsuit Time!

This was all anyone could talk about this morning at the hospital. How badly would it suck to be this person?

In what officials are calling a "tragic medical error," a surgical team removed the wrong kidney from a patient with kidney cancer last week at Methodist Hospital in St. Louis Park, the hospital disclosed Monday.

Officials said the error occurred weeks before the surgery, when the kidney on the wrong side was identified on the patient's medical charts as cancerous. The patient, who was not identified, was left with the cancerous kidney when the healthy one was removed.

"We feel just profoundly responsible for this," said Dr. Samuel Carlson, chief medical officer for Park Nicollet Health Services, which owns Methodist Hospital.

Hospital officials said that they apologized to the patient and family, and "are working closely with them to support them in every way we can."

The hospital took the unusual step of announcing the mistake in a memo to Park Nicollet employees on Monday. "An error of this degree has, to the best of our knowledge, never happened at this hospital before," Carlson said.{...}

Discussion ranged about just how screwed this person is. How nurses usually marker up a leg that's to be amputated, and why couldn't they do the same thing with the kidney? Why wouldn't the surgeon have known they were looking at a cancerous kidney? (I fielded this one and said it might look perfectly healthy, but the cancer might actually be microscopic.) Why couldn't they just put back in the old kidney? (Because, duh, it was obviously dead because they hadn't kept it alive but were going to biopsy it instead.) If this person can now get a kidney transplant, and would be moved to the top of the list, or if they were eligible for one at all now, because of their condition? How bad must the morale at Methodist be today? But, mostly, what we discussed was just how big of a settlement Methodist is going to have to pony up.

We decided it was going to be big. In the tens of millions of dollars.

My sympathies go out to the family. But for God's sake, don't sign anything!

But there's a lesson to be learned here, and it's one that I was reminded of last week: know exactly what they're going to be doing, and if your version of what needs to be done differs in any way from theirs, make sure that difference is reconciled. I'm kind of amazed this happened in the first place. One would think the surgeon would have gone over what they were going to do with the patient, and then the patient would have said, 'Hey, you're talking about taking out the working kidney here. Let's try this again.' But, then again, if the mistake was in the chart long enough, and had been propagated enough times within the chart, well, maybe the patient thought the surgeon was taking out the correct kidney? Who knows?

This is a goof of tremendous proportions. I think the hospital is to be commended for not only going public, but to fessing up to their part in the whole debacle, despite the fact that by doing so they've clearly admitted liability. That's fairly rare in this day and age, when most hospitals would have hedged their bets. The surgeon is to be commended, as well, for voluntarily suspending their practice, while things are investigated. It's nice to know that some people have consciences.

Posted by Kathy at March 18, 2008 02:58 PM | TrackBack
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