AmyTuteurMD

AmyTuteurMD
Bio
Dr. Amy Tuteur is an obstetrician-gynecologist. She received her undergraduate degree from Harvard College and her medical degree from Boston University School of Medicine. Dr. Tuteur is a former clinical instructor at Harvard Medical School.

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APRIL 2, 2009 9:05AM

They committed malpractice on my dad … and got away with it

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My Dad

This is a picture of my dad on the day my second son was born. Looking at him, apparently healthy, vigorous and happy (and only 60 years old), it’s hard to believe that in 3 months he was diagnosed with the cancer that would kill him only 8 weeks later. What’s even more difficult to believe is that his doctors had known for months that he had cancer, but they had forgotten to tell him.

I often write about egregious behavior I have seen during my medical career. Because of patient confidentiality, I generally cannot provide the details that will confirm those stories. This story is one of the most shocking, and certainly the most disillusioning for me, and it is my story to tell. Or rather, it is my father’s story, but he’s been dead for almost two decades, and I have to tell it for him.

On November 1, my father went to his doctor complaining of coughing up blood. He had never smoked, and could not imagine why this was happening. A chest X-ray done that morning revealed a fist sized tumor in the middle of his chest. I got the message as I was finishing up in the operating room and raced to meet him at the office of the chest surgeon where he had been sent. I didn’t have to go very far. All my father’s doctors were at the hospital where I worked; they were all my colleagues. I simply took the elevator.

During the appointment, I listened as the chest surgeon explained the various grim possibilities: lung cancer, lymphoma, etc. They scheduled a biopsy procedure for two days later and the surgeon asked if my father had any questions. He had only one: How could he have a fist sized tumor in his chest if only a few months before (March) he had been in this same hospital to have bladder stones removed, and his pre-op chest X-ray had been normal? The surgeon was sympathetic; sometimes tumors could grow so fast that it they could be too small to detect even a few months previously.

The next few days have a rather nightmarish quality in my memories. The biopsy revealed adenocarcinoma with an unknown primary. The cancer was so aggressive that it had lost all the features of the organ where it originated; it might have been lung cancer, but it easily could have been a metastasis from prostate cancer, or indeed any other cancer. I went down to the pathology lab to review the slides with the pathologist. I remember looking at the bizarre and wildly growing cells and thinking that they would kill my father. Anything that aggressive was certainly incurable.

At some point during those days, I thought to look at the original chest X-ray, the one that had been done routinely in March. I wanted to see if, knowing what we knew now, the cancer could be detected in its earliest stages. It was easy to find out. I just went down to the Radiology department and requested the film. I was an attending physician at the hospital and had worked there for years. They handed over the film without question.

It is difficult to capture the sense of shock and horror that I experienced on looking at the X-ray. The cancer had been diagnosed on the pre-op film. Ironically, the diagnosis had been very skilled. The cancer was small and indistinct on the original x-ray, but the radiologist had found it anyway and prominently noted it in the written report. I immediately called my father’s primary care doctor to ask if he was aware of this. He admitted that he had known since November 1, as had the chest surgeon. The surgeon had simply lied when he had he led my father (and me) to believe that the original chest X-ray was clear.

I had two questions: How had this happened? And why did they lie about it?

Speaking with all the people involved, I was able to piece together what had happened. As part of the routine preparations for the bladder surgery, my father went to the hospital for pre-operative testing the day before. The hospital staff drew blood, did an EKG and took a chest x-ray. That night, he received a call of apology; there had been a problem with the chest x-ray. Could he stop and have another one done the next morning before he presented for his surgery?

My father assumed that the problem had been technical; perhaps the X-ray was too light or too dark. He stopped the next morning, as requested, for his repeat chest x-ray and headed off for surgery. The surgery went well. The bladder stones were easily removed and he recovered quickly and completely.

What my father did not know is that he had been asked to have a repeat chest X-ray because the original X-ray had shown a small abnormal area on his left lung. The radiologist could not be certain about the identity of the abnormality, but strongly suspect that it was cancer. The repeat film confirmed that it was indeed cancer.

Why had they failed to tell my father of his cancer diagnosis? Every doctor had thought that the job of telling the patient belonged to someone else. The radiologist thought that the urologist would tell my father, since the urologist had ordered the x-ray. The urologist thought that the radiologist would alert my father if there were anything abnormal on the x-ray. The anesthesiologist was aware that the chest x-ray showed a small cancer, but assumed that either the urologist or the radiologist had told my father. The radiologist actually sent the urologist the x-ray report, which mentioned the cancer, but the as the urologist admitted at trial years later, he had never looked at it.

Why did the doctors lie about it? To this day, I can’t figure it out. When I confronted the primary care doctor he claimed that they did it to protect my father. They didn’t want to “lower his morale.” Obviously it was because no one wanted to admit what had happened, and because they wanted to protect each other. The part I can’t figure out is how they thought they would keep it a secret. I worked at the same hospital. I had complete access to all the records, including the X-ray, yet somehow they imagined I would never look.

Despite multiple types of aggressive chemotherapy, my father died, gasping for air, 8 weeks to the day after the second chest X-ray. Before he died, my father extracted a promise from my mother that she would sue the doctors for malpractice. He trusted the justice system in a way that he no longer trusted the medical system. He was wrong about that, too.

Part 2: How they got away with it.

 

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I am so sorry Amy. The loss of a parent is a very hard thing to go through. Knowing they screwed up makes it worse. I can totally see how this could happen in the hospital. It drives home the importance of communicating to all the people involved in a patients care. Especially the patient.
Pinkyrn:

"The loss of a parent is a very hard thing to go through. Knowing they screwed up makes it worse."

Thank you.

I experienced grief over the loss, and anger over the negligence. In some ways, though, the most profound feeling was disillusionment: that my colleagues could do this, that they could lie about it, and, ultimately, that they could get away with it (although that part didn't happen until many years later).
Wow. My grandmother died at 66. She had lung cancer but all docs were hopeful that they caught it early and surgery would be a success. During surgery they "unknowingly" cut into her breast implant and sewed her back up w/ it leaking inside of her. She died as a result of infection from that mistake. It's always sad when someone dies and you know that it could have been prevented.
"I remember looking at the bizarre and wildly growing cells and thinking that they would kill my father. Anything that aggressive was certainly incurable."

If you knew the cancer was incurable and very aggressive, why put your father through the trauma of chemo? Is there a purpose to be served by chemo if the cancer is not going to go away?
Hi Amy: Your story is even more shocking and the one that can cause even more anger being that they all worked with you. My dad passed away last year in March suddenly (a healthy man walking 2 miles a day to ending up in ER & 4 weeks later, we had his funeral) and all because of the careless and indifferent attitude of doctors and nurses (not all but a good number of them give you the impression they are on the 'other' side, protecting each other, not on your side as the patient or patient's family)! Here is what I wrote while my dad was in the hospital Does Prayer Really Works? Read my comments at the bottom of the post as we were trying to get a hold on what was going on but were frustrated at how things were handled.

We thought of suing them, but didn't. Guess we were never confident about justice from the tenured judges either!

I'm so sorry it happened like this.
Pearl
oh that link didnt appear somehow! here it is: http://fresh-perspectives.net/2008/03/does-prayer-really-work.html
brenziz:

"It's always sad when someone dies and you know that it could have been prevented."

Absolutely. I'm sorry to hear about what happened to your grandmother.
armlegx:

"If you knew the cancer was incurable and very aggressive, why put your father through the trauma of chemo?"

My father refused to believe it. He demanded aggressive treatment. He didn't believe it right up until the end. His last conscious words, spoken several hours before he died, were:

"Don't cry. I'm going to be fine. I just need to rest for a little while."
Pearl,

Thank you for sharing the link and your story. How terribly sad for your father, for you and for your family. It sounds like it should never have happened.
That's just horrible. And yet- I can also understand how it could have happened- it's the most common form of miscommunication: "I thought X told you. I thought you knew"
Oh my god. How horrible! I'm so sorry this happened to you.

People often denigrate bureaucracies, and bureaucratic thinking, but having a system in place is the only way to make sure things like this don't happen. It's only within a system that you can be sure whose responsibility it is to tell what, to whom, when. That's why I am pro-bureaucracy, within reason.

It must have been horrible having that happen in your own workplace. Do you still have these doctors as colleagues?
icemilkcoffee:

"it's the most common form of miscommunication: "I thought X told you. I thought you knew"

Isn't that the truth.
Patricia Marino:

"Do you still have these doctors as colleagues?"

I took a job at another hospital shortly after this incident, but that was for unrelated reasons.
I lost my dad due to medical negligence also, so I have an idea of what you must have experienced. I'm so sad to read about your father, Dr. A.
I know this type of thing with miscommunication can happen...the OB who I went to for OB/GYN care was in the middle of a lawsuit over a similar issue during my first pregnancy (I didn't find this out until after my daughter was born--but it sure explained a lot!). What happened in his case was that a breast biopsy was sent to the lab, the cells were found to be cancerous, the lab sent the results back to the office where someone in the clerical staff simply filed them in the woman's chart without having the Dr. review them. The office had a "no news is good news" policy on making calls for lab reports...so it didn't get discovered until a year later when the woman came back for her next annual exam. By then her cancer was too far along to be treated, and she died soon after.

But ahem...the "this sounds fishy" alert...I wasn't aware that cancer could be "diagnosed" from simply doing an x-ray? After all, a "shadow" could be from things other than cancer.
waxwoman:

"I wasn't aware that cancer could be "diagnosed" from simply doing an x-ray?"

The actual diagnosis can only be made by a biopsy. The radiologist had strongly suspected cancer and emphatically recommended a biopsy.
Yes, both the justice and medical systems in this country suck. And what's worse is people trust doctors and lawyers to do the right thing for them and to them and often times they do not. Which is not to say there are no good doctors or no good lawyers. There are in fact both-- and plenty of them. They just get lost in the sea of endless paperwork, insurance bullshit, patient overload, regulatory nonsense (of the type that only serves to obfuscate). People think doctors are gods and lawyers are scum-- but the reality is they're just people with good points and bad, highlights and foibles and are neither saintly nor infallible, they're just people who (hopefully) are doing their best to do their jobs and make it through another day of nearly no-win situations.
I'm sorry you lost your dad. I dread the day that happens for me. Even just thinking about it in the abstract is hard to bear-- I'm sorry it happened to you. Even though 20 years is a long time to ease the pain. Your dad is your dad and at least in my case I cannot think of anything that could take the place of that.
First and foremost let me say that I am sorry for your loss. This type of mistake, error, or whatever label you'd like to attach, is not uncommon. I understand your outrage.
It is fortunate that you are an MD if you were a simple patient or a family member of the patient the information that you gained would have likely been hidden by the medical staff. Lost or forgotten or even flat out lied to is how most of my questions are answered and never have I been told by a physician that he/she has made a mistake. Even when confronted by the evidence the mistakes are minimized without regard.
It is because I do empathize with your situation* that I am trying to be less than aggressive in this comment. Since you are an MD I think that you have known of other similar situations and as a member of that profession chosen to modify your own responses to them due to it. It does happen and if you are the rare individual who isn't one of those who seek to protect your fellow physicians then I will apologize to you now.
As a patient I would prefer that my physician be a human being. I don't need an infalliable god to treat me. I can understand that mistakes are often made and with no intent to cause harm. The many medical professionals that looked at your fathers x-ray and none of whom lived up to their responsibility to make sure that the findings were properly followed up are responsible for your loss.
Again, let me say that you have my sympathy and i hope your greif wil lessen with time, mine has.
*http://open.salon.com/blog/bobbot/2009/03/17/life_and_death
I think this kind of situation, all too common, is one of several good reasons for every patient to have a primary care physician that acts as a sort of clearinghouse for all information related to that patient. There should be at least one doctor for every patient who not only has access to all information related to that patient, but is responsible for communicating the same to the patient. It would help avoid this kind of mistake, and has been shown to be beneficial for patients in other ways as well.
I'm so sorry you lost your father this way.

Yeah, the too many cooks phenomenon. It's essentially the same reason Kitty Genovese died... because when there are a lot of people with shared responsibility, no one feels responsible. I've tried to explain this to our local legislators as it applies to children left on daycare buses - we keep enacting legislation that makes MORE PEOPLE sign off that the kid is off the bus, and more kids keep dying every summer. What needs to happen is for ONE PERSON to have final responsibility, one person who knows she, and not anyone else, is going to jail for murder if a kid dies on the bus.

Again, terribly sorry about your father, and I can't even begin to imagine what a horrible feeling that people you knew and work with did this.
It sounds like malpractice to me. Would 7 months warning be enough to stop and remove it? Is he dead because they weren't more vigilant? bachelor degree business AND ME degree
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