Halifax Medical Malpractice Lawyer Blog

Moira Hennessey, an assistant deputy minister in Newfoundland and Labrador's health department has told the Cameron Inquiry that she was ordered not to question confusing figures about cancer test results according reports from the CBC.

“Forgot” to tell Bosses about Problems

She also testified that she “forgot” to pass on information on problems with cancer screening results to her bosses.

Ordered to Alter Records

Hennessey told Justice Margaret Cameron she altered a ministerial briefing note on the orders of her boss, the deputy minister of Health John Abbott.

Abbott had ordered Hennessy to change briefing notes to indicate that recommendations to fix the pathology lab had been implemented when in fact they had not.

"The note came back I can still see it, actually. The note came back to me with the words crossed, like slashed, through it," she said.

Error in Judgement

Hennessey denied any attempt to cover up problems in the department. When asked about why she had not told the Minister of Health the correct information, Hennessey responded:

"Regrettably, that was an error in judgment on my part,"

Didn’t Disclose Hundreds of False Test Results

Hennessey did not tell her boss that test results showed that more than 300 breast cancer patients had been given incorrect testing results.

It is hard to believe that bureaucrats could put the lives of hundreds of people at risk, simply because they didn't want to face the political fall out. Well...perhaps it isn't so hard to believe.

Continue reading " Officials told to Turn a Blind Eye to Cancer Test Results: N.L. " »

Dr. Rajgopal Menon, the dismissed pathologist at the centre of a public inquiry into botched cancer screening tests and autopsies in New Brunswick, apologized to his former patients yesterday for any errors he may have made.

Menon "Apologizes"

“I wish to sincerely apologize to any patient if I have made an error in reading their pathology slides. I was not aware of any errors in my work."

More Problems Than Previously Reported

The expert hired to review Menon’s work, Dr. Rosemary Henderson testified yesterday that she found 14 incorrectly diagnosed cancer tests done by Menon in just a two year period. More than the 6 or 7 errors that had previously been reported.

Menon Casts Blame on Others

But today Menon changed his tune. He blamed his bosses whom he said “were out to get him” according to CBC reports.

Notes "Planted"

Menon claimed that signed notes of a 1998 meeting where Menon was told to clean up his act or face dismissal were fake.

"The meeting never happened," Menon insisted. "I think the notes were planted."

Menon "Blackmailed"

He claimed that New Brunswick’s College of Physicians and Surgeons tried to blackmail him into resigning.

"Maybe, in hindsight, it would have been better," Menon said when asked what he thought of the offer. "But that is like blackmail for me. . . . That is not professional medicine."

Hospital Was The Problem

Menon said the problem was not with him but the Hospital where he worked:

"As far as I was concerned, it was the administration," he said.

Doctor "Out To Get Him"

When questioned about a letter from another doctor expressing concerns about Menon’s competency, Menon told the inquiry:

"He wanted my job and I didn't want to give it," Menon said. "That was the only problem."

Everyone to Blame But Himself

You have to wonder what colour the sky is in the fantasy world that Menon lives in. It appears that the only people Menon didn’t blame for his incompetence are the cancer victims who were not able to receive treatment because he botched their test results telling them they were cancer free!

How many people have died or have not received proper medical treatment because of Menon? He obviously has not read my previous post Doctors: Say "I'm Sorry" and don't get sued!

What do you think? Is Menon incompetent or an innocent victim of an incredible smear campaign?

Continue reading " Disgraced Pathologist Menon “Sorry” but Blames Everyone in Sight " »

Dr. Stani Osif of Cape Breton has been found guilty of "incompetence and professional misconduct" in a number of incidents at Northside General Hospital in North Sydney between 2003 and 2006 according to a story in today's Chronicle Herald.

In June 2007 the College of Physicians and Surgeons of Nova Scotia suspended Dr. Osif's license to practice medicine.

In January 2008 the College ruled that Dr. Osif was guilty of incompetence and professional misconduct.

The College is now holding a hearing to determine how Osif should be disciplined.

In cases where the College determines that there is evidence of professional misconduct, incompetence, or conduct unbecoming, the complaint is referred to a hearing committee.

The hearing process is like a mini-trial, with witnesses providing sworn evidence and legal arguments from a lawyer acting for the College and a lawyer representing the doctor.

Discipline can range from dismissal of the complaint to removal of the doctor from practice.

The panel holding the disciplinary hearing heard argument yesterday that Osif's medical skills are so lacking there may not be a training program adequate to bring her up to standards.

The Herald reported that:

College lawyer Marjorie Hickey said the gravity of the incidents, which included a second potentially life-threatening misdiagnosis, called for further sanctions.

The finding of professional misconduct indicated a deliberate disregard or indifference to patients’ well-being, Ms. Hickey said.

"We’re not dealing here with a case of one isolated incident . . . in an otherwise unblemished career..."

Were you a patient of Dr. Osif? What do you think should happen?

Continue reading " Cape Breton Doctor so "Incompetent" no Training Program can Help: College of Physicians " »

Robbin Reeves underwent a liver transplant surgery at the Vancouver General Hospital in February 2006. He woke up with severe burns to his neck and shoulder.

Reeves has filed a medical malpractice claim in which he claims that during the surgery his heart stopped and doctors performed an open cardiac massage. Reeves’s lawsuit claims doctors tore one of the chambers of his heart and, in the rush to prepare for the emergency surgery, alcohol on his neck and shoulder caught fire, leaving him with serious burns.

You can read more details here.

A review of surgical pathology practices at the Miramichi Regional Hospital found there were "big problems" with the work of Dr. Rajgopal Menon according to a report in the Chronicle Herald today.

The latest revelation in the ongoing inquiry into the botched cancer screening fiasco in New Brunswick came yesterday.

Dr. Rosemary Henderson, medical director of the Queen Elizabeth Hospital in Charlottetown, and pathologist, Dr. Bruce Wright, conducted a review of Menon's cases at the request of New Brunswick's College of Physicians and Surgeons more than a year ago.

Henderson and Wright's report identified problems with Menon's work including:

Slow turnaround time;

Incomplete work;

Failure to trim surgical pathology specimens properly, and

Failure to disclose his visual problems.

The report was particularly concerned with Menon's failure to disclose his visual problems.

"Given the importance of vision to a pathologist, the college may wish to consider whether or not this represents an ethical and/or legal failure to disclose a significant medical problem,"

Related posts relating to the Menon Inquiry:

Health Authority Knew About Pathologist's Problems: Miramichi

Deputy Minister Received Complaints about Disgraced Pathologist: New Brunswick

Negligent Cancer Screening Put Patients at Risk: Miramichi Hospital

Negligent Cancer Screening in New Brunswick May Lead to Criminal Charges and Medical Malpractice Claims

The National Post has reported that a mother from New Brunswick who became pregnant after a failed tubal ligation has been awarded $90,000.00 in compensation.

The woman, who was 26 years old at the time of the procedure, had three children to support, her husband was seriously ill, his business was failing and the couple had lost their house and car. To prevent the expense of further additions to the family, she had a tubal ligation, a permanent sterilization procedure thousands of Canadian women undergo every year.

After she became pregnant, she filed a medical malpractice lawsuit against the doctors that performed the procedure and the Hospital where the procedure was performed.

Madam Justice Paulette Garnett of the New Brunswick Court of Queen's Bench concluded the hospital had failed to properly maintain the tubal-ligation equipment, leading to the failure.

Justice Garnett acknowledged how suing for the birth of a healthy child might be perceived:

"Sometimes the birth of a child is not a blessing. It is often a burden," Justice Garnett wrote in her judgment.

"Medical science has made it possible for families to limit the number of children they have, and, in this country, the vast majority of them do ... The fact that (she) now treasures her unplanned child is irrelevant. It is relevant that she has to feed, clothe and educate her."

You can read the entire decision here.

Continue reading " New Brunswick Court Orders Compensation for Mother of Baby Born after Failed Tubal Ligation " »

In a story related to my post yesterday, I came across a story on Radio Boston that aired a few months ago that explores the issue of medical apologies.

It is an interesting report and worth listening to. You can listen to the whole story here.

Apologize and don't get sued. The New York Times has reported a story that will come as no surprise to medical malpractice lawyers or Malcolm Gladwell.

Doctors who apologize for their mistakes get sued far less often than doctors who refuse to acknowlege they have done anything wrong.

The Times reports:

For decades, malpractice lawyers and insurers have counseled doctors and hospitals to “deny and defend.” Many still warn clients that any admission of fault, or even expression of regret, is likely to invite litigation and imperil careers.

A few hospitals have bucked the "circle the wagons and fight" mentality.

By promptly disclosing medical errors and offering earnest apologies and fair compensation, they hope to restore integrity to dealings with patients, make it easier to learn from mistakes and dilute anger that often fuels lawsuits.

A simple idea; taking responsibility for your actions.

At the University of Michigan Health System, one of the first to experiment with full disclosure, existing claims and lawsuits dropped to 83 in August 2007 from 262 in August 2001.

I have been representing victims of medical malpractice for 18 years. In almost every case, the patient came to me because they were frustrated by the lack of information they were receiving from their doctor, or the hospital.

What do you think? If your doctor apologized for his or her mistake; if you truly belived they were sorry; would you be less likely to sue?

Continue reading " Doctors: Say "I'm Sorry" and don't get sued! " »

Nurses who worked in hospitals that were understaffed, had inadequate medical resources and who had high rates of overtime were most likely to report that patients had been the victims of medication mistakes.

Nurses Stretched to the Limit:

Statistics Canada released a report today that says nurses working overtime or where staffing and resources were stretched were more likely to report a patient had received the wrong medication or dosage.

CTV reported some of the results of the study:

Among nurses who usually worked overtime, 22 per cent reported medication error, compared with 14 per cent of those who did not work overtime.

Among registered nurses whose working relations with physicians were least favourable, 27 per cent reported medication error, compared with 12 per cent among those whose working relations with physicians were most favourable.

Nurses with low support from co-workers were significantly more likely to report medication error than were those with more support. The study pointed out that low co-worker support might result from inadequate staffing as busy nurses may be less able or willing to help co-workers.

Just under a third (32 per cent) of nurses with low job security reported medication error, compared with 19 per cent with better job security.

About 28 per cent of those who said they were dissatisfied with their job reported medication error, compared with 18 per cent of those who were satisfied.

Downsizing Effecting Healthcare:

CBC News noted:

"In the view of many Canadian nurses, the restructuring of hospitals and downsizing of the nursing workforce that has taken place since the early 1990s has had a major impact on the quality of patient care," reads the study. "It is hoped that this research will inform initiatives aimed at reducing risks to patient safety in Canadian hospitals."

Medication Error is a HUGE Problem:

According to the American Public Health Association more than 25% of elderly patients suffer prescription errors.

24% of Canadian Adverse Events due to Medication Errors:

A report published in the May 25, 2004 edition of the Canadian Medical Association Journal entitled: "The Canadian Adverse Events Study: the incidence of adverse events in hospital patients in Canada" found that 1 in 19 adults will be given the wrong medication or wrong medication dosage and 24% of preventable adverse events were related to medication error.

No Standards to Report:

Part of the problem may be due to the fact that in Canada there are no national standards for disclosure of medical errors.

I have already posted about how medical malpractice kills more than 24,000 Canadians each year.

The average age of nurses in canada is rising and the problem is only going to get worse as overworked nurses burn out , retire or simply leave the profession.

So what can be done? More money to train nurses? Allowing foreign trained health professionals to practice in Canada? Use nurse practictioners to replace primary care physicians?

What do you think?

Total drug spending in Canada is estimated to have reached $26.9 billion in 2007, according to figures released today by the Canadian Institute for Health Information (CIHI).

The report states that since 1985 drug expenditure has consumed an increasing share of Canada's health care dollar. In 2007, spending on drugs is expected to have reached $26.9 billion, representing 16.8% of total health care spending. Among major categories of health expenditure, drugs account for the second largest share, after hospitals.

This represents an increase of approximately $2 billion over 2006.

With our population getting older the need for prescription medication is only going to increase. It stands to reason that in a few years drug spending is going to consume huge portions of provincial health care dollars.

What can we do about it?

I think the only solution is a radical change in our method of health care delivery. Currently our health care system focusing on treating patients once they have become ill. In other words, when it is most difficult and most expensive to treat the problem.

We need to change the focus of health care to preventive medicine and promoting healthy living. In other words, making sure Canadians don't get sick (or get sick less often) so that they won't need expensive medical care to treat acute medical emergencies.

What do you think?

I found a fascinating lecture (at least fascinating to medical malpractice lawyers) posted on You Tube the other day.

Dr. Brennan, Professor of Law and Public Health at the Harvard School of Public Health is one of the United States' leading experts on medical malpractice and patient safety. Dr. Brennan authored the famous Harvard Medical Practice Study.

Dr. Brennan considers a case study illustrating whether or not the American medical malpractice system improves patient safety.

Brennan believes that existing efforts aimed at preventing medical malpractice and improving quality of medical care are not effective.

Advocates of "reforming" the medical malpractice system lobby for limits to the ability to sue, capping the amount of compensation victims can receive and limiting the fees that medical malpractice lawyers can charge.

Brennan's opinion is, to use a medical analogy, that these "reforms" treat the symptoms of the problem rather than treating the illness of negligent or sub standard medical care.

Medical malpractice kills more than 24,000 Canadians each year.

For example:

• As many as 24,000 patients die each year due to “adverse events” (doctor speak for "something bad happened").

• 87,500 patients admitted annually to Canadian acute care hospitals experience an adverse event.

• 1 in 13 adult patients admitted to a Canadian hospital encounter an adverse event.

• 1 in 19 adults will potentially be given the wrong medication or wrong medication dosage.

• 37% of adverse events are “highly” preventable.

• 24% of preventable adverse events are related to medication error.

• The most common areas for an adverse event to occur was surgery followed by medicine related errors.

Nearly a quarter of Canadian adults (5.2 million people) report that they, or a member of their family, have experienced a preventable adverse event (lawyer speak for medical malpractice) according to a report released by the Canadian Institute for Health Information.

Despite these numbers only 2% of Canadian medical malpractice victims receive compensation!

If you or a member of your family have suffered an injury that you think may be due to medical malpractice, feel free to contact me for a free copy of my book The Consumers Guide to Medical Malpractice Claims in Canada: Why 98% of Canadian Medical Malpractice Victims Never Get a Penny in Compensation!

The public inquiry investigating concerns about botched cancer screening tests by former pathologist Rajgopal Menon heard testimony today of concerns about the disgraced pathologist.

Jeff Carter, director of medical services at the Miramichi Regional Hospital, testified he heard concerns about Menon beginning in 2002.

Carter said while he was the regional risk management co-ordinator at the hospital in 2002 he heard complaints about Menon including:

Slow turn around times completing tests.

Complaints that hundreds of Menon's reports were incomplete.

Menon averaged 11.4 days to complete tests that took other pathologists 3.6 days.

Carter testified once he started to look into Menon's work he found there were concerns on record about the pathologist that dated back to 1998.

The New Brunswick Health Authority is re-examining nearly 24,000 cases he handled between 1995 and 2007.

This only a day after officials with New Brunswick's Health Department testified they had no idea there were concerns about Menon's work in Miramichi before the suspension of his licence last year. Lise Daigle, director of hospital services, testified she worked closely with lab consultants for years, but no issues were brought to her attention about the Miramichi lab and the work of Dr. Rajgopal Menon.

Ms. Daigle testified the day after the former Deputy Minister of Health testified that she heard complaints about Menon but she didn't think Menon was "incompetent".

If Ms. Daigle's testimony is true, it begs the question: Who was more incompetent, Menon or officials at the Health Department? What do you think?

The first witness at an inquiry into flawed pathology services at a New Brunswick hospital testified that she received complaints about Dr. Rajgopal Menon, the pathologist whose botched cancer screening test results lead to the inquiry.

But former Deputy Minister of Health apparently did not consider the complaints to be serious. The Canadian Press has reported that Nora Kelly testified that:

... there were general comments from his colleagues about his slow work habits, his tardiness and missing slides, but no one suggested his work might be sub-standard.

"They didn't like the way he operated, but they never said that he was incompetent," Kelly told commissioner Paul Creaghan, a retired judge.

You can read more about the situation in previous posts:

Negligent Cancer Screening Put Patients at Risk: Miramichi Hospital and
Negligent Cancer Screening in New Brunswick May Lead to Criminal Charges and Medical Malpractice Claims.

Kelly's testimony hints at larger problems to come. She said there is a critical shortage of pathologists across the country. "Maybe 30 pathologists" graduated last year, and there has never been a year when more than 50 entered the system.

"It's not getting any better. Everybody is getting older. . . . There's going to come a point where, for patient safety, we'll not be able to offer certain services. Nobody wants to hear about this or talk about it, but frankly I'm convinced that may very well happen."

With health care spending consuming an ever increasing share of provincial budgets, a world wide shortage of medical specialists, and an aging population in need more medical care it appears that cracks are starting to appear in Canada's health care system.

What can we do to fix the problem? More money for medical schools to train doctors? Allow more foreign trained doctors to practice in Canada? Privatization of parts of the health care system? What do you think?