MEMORANDUM. TO: Sandy Koufax FROM: Martin A. Ginsburg, BSN, RN SUBJECT: Merit Screen Johns DATE: 23SEP16. Mr. Koufax,

Similar documents
Hysterectomy. What is a hysterectomy? Why is hysterectomy done? Are there alternatives to hysterectomy?

CLINICAL PRESENTATION AND RADIOLOGY QUIZ QUESTION

Physician s Cognitive and Communication Failures Result in Cancer Treatment Delay

MPH Quiz. 1. How many primaries are present based on this pathology report? 2. What rule is this based on?

Laparoscopy-Hysteroscopy

CLINICAL PRESENTATION AND RADIOLOGY QUIZ QUESTION

2016 Uterine Cancer Annual Report

Appendicitis. Diagnosis and Surgery

Pelvic Prolapse. A Patient Guide to Pelvic Floor Reconstruction

n Make tremendous difference in patients lives: n Diagnosing or excluding disease and injury n Evaluating response to therapy

FIRST COAST SERVICE OPTIONS FLORIDA MEDICARE PART B LOCAL COVERAGE DETERMINATION

Gynaecological cancers. Mr Vivek Nama MD MRCOG Consultant Gynaecological Oncologist

General history. Basic Data : Age :62y/o Date of admitted: Married status : Married

CLEAR COVERAGE HYSTERECTOMY CHECKLISTS

Facing Gynecologic Surgery?

Surgery to Reduce the Risk of Ovarian Cancer. Information for Women at Increased Risk

Pathway Gynaecology Cancer & Diagnostic Protocol for Inter Trust transfer

Multimodal Approach for Managing Postoperative Ileus: Role of Health- System Pharmacists (ACPE program H01P)

What is endometrial cancer?

What is ovarian cancer?

UNDERSTANDING X-RAYS: ABDOMINAL IMAGING THE ABDOMEN

Screening tests. When you need them and when you don t

Gynaecological Oncology Cases

Michael G. Kelly, MD Gynecologic Oncologist University of Colorado Cancer Center

Female Genital Tract Lab. Dr. Nisreen Abu Shahin Assistant Professor of Pathology University of Jordan

Hysterectomy for obese women with endometrial cancer: laparoscopy or laparotomy? Eltabbakh G H, Shamonki M I, Moody J M, Garafano L L

Clinical guideline Published: 27 April 2011 nice.org.uk/guidance/cg122

World Journal of Colorectal Surgery

improved with an MIS approach. This clinical benefit for American women has been demonstrated with Level I evidence. Hysterectomy is one of the most

Case Scenario 1. History

Listed below are some of the words that you might come across concerning diseases and conditions of the bowels.

Setting Department of Gynecology and Obstetrics, Cleveland Clinic Foundation (tertiary care academic centre), USA.

When should we operate for recurrent diverticulitis. Savvas Papagrigoriadis MD MSc FRCS Consultant Colorectal Surgeon King's College Hospital

Menopause and Cancer risk; What to do overcome the risks? Fatih DURMUŞOĞLU,M.D

Septic Phlebitis and Gas in the Inferior Mesenteric Vein: CT findings in Two Cases and Review of Literature

Prevention, Diagnosis and Treatment of Gynecologic Cancers

Gynaecology Cancer Red Flags. Dr Dina Bisson Consultant Obstetrician and Gynaecologist Southmead Hospital North Bristol NHS Trust 27 April 2017

Minimal Access Surgery in Gynaecology

Please complete prior to the webinar. HOSPITAL REGISTRY WEBINAR FEMALE REPRODUCTIVE SYSTEM EXERCISES CASE 1: FEMALE REPRODUCTIVE

Colorectal Cancer Screening

GP Guidelines for the Management of Adult Patients with Gynaecological Cancers 2012

Hysterectomy : A Clinicopathologic Correlation

Lehigh Valley Physician Group

ICD-10 Physician Education. General Surgery

Endometrial Cancer Biopsy of the endometrium Evaluation of women of all ages

2. Blunt abdominal Trauma

6 semanas de embarazo. Cpt code pathology myomectomy. Inicio / Embarazo / 6 semanas de embarazo

bleeding Studies naar de diagnostiek van endom triumcarcinoom bij vrouwen met postm nopauzaal bloedverlies. Studies on the

TENNCARE Bundled Payment Initiative: Description of Bundle Risk Adjustment for Wave 8 Episodes

Core Module 7: Surgical Procedures

Information leaflet on. Laparoscopic Treatment of Endometriosis

Laparoscopic Hysterectomy

Acute pelvic pain in female patient: Clinical and Radiological evaluation

Acute pelvic pain in female patient: Clinical and Radiological evaluation

World Journal of Colorectal Surgery

Avastin Sample Coding

Left abdominal pain with back pain

Having a hysterectomy

Guidelines for the Early Detection of Cancer

Gynecologic Cancer. Cleveland Clinic Offers State-of-the-Art Cancer Care

X-Plain Ovarian Cancer Reference Summary

Guideline scope Diverticular disease: diagnosis and management

Case discussion. Anastomotic leakage. intern superviser

University Gynecologic Oncology Associates

Caring for a Patient with Colorectal Cancer. Objectives. Poll question. UNC Cancer Network Presented on 10/15/18. For Educational Use Only 1

Chronic Pelvic Pain. AP099, December 2010

3/22/2011. Inflammatory Bowel Disease. Inflammatory Bowel Disease Objectives: Appendicitis. Lemone and Burke Chapter 26

is time consuming and expensive. An intra-operative assessment is not going to be helpful if there is no more tissue that can be taken to improve the

Mohamed EL-hemaly Gastro- intestinal surgical center, Mansoura University.

Gynecologic Oncology Level: PGY-4

North of Scotland Cancer Network Clinical Management Guideline for Endometrial Cancer

Updates in Gynecologic Oncology. Todd Boren, MD Gynecologic Oncologist Chattanooga s Program in Women s Oncology Sept 8 th, 2018

Rectal Cancer. About the Colon and Rectum. Symptoms. Colorectal Cancer Screening

One of the commonest gynecological cancers,especially in white Americans.

Cancer Facts for Women

Consent Advice No. XX (Joint with BSGE) Peer Review Draft Spring Morcellation for Laparoscopic Myomectomy or Hysterectomy

Abdominopelvic Actinomycosis: spectrum of Imaging Findings and common mimickers.

Small Bowel and Colon Surgery

4:00 into mp3 file Huang_342831_5_v1.mp3

Case Presentation: Mr. S


Uterine sarcoma. Information for patients Gynaecology

General Surgery Service

Preventive Care Guideline for Asymptomatic Elderly Patients Age 65 and Over

BOWEL CANCER. Causes of bowel cancer

INFECTION & INFLAMMATION IMAGING

Alabama Breast and Cervical Cancer Early Detection Program (ABCCEDP) County Health Department Protocol

CELLULAR PATHOLOGY TURNAROUND TIMES

CLINICAL PRESENTATION AND RADIOLOGY QUIZ QUESTION

Laparoscopy and Hysteroscopy

Sarah Burton. Lead Gynae Oncology Nurse Specialist Cancer Care Cymru

Data Collection Help Sheet

Clinical and financial analyses of laparoscopically assisted vaginal hysterectomy versus abdominal hysterectomy Hidlebaugh D, O'Mara P, Conboy E

Index. Note: Page numbers of article titles are in boldface type.

8/29/2016 DIVERTICULAR DISEASE: WHAT EVERY NURSE PRACTITIONER SHOULD KNOW. LENORE LAMANNA Ed.D, ANP-C LEARNING OBJECTIVES

CASE INFORMATION SHEET FLORIDA LEGAL PERIODICALS, INC. P.O. Box 3370, Tallahassee, FL (904) /(800) * FAX (850)

What You Need to Know About Ovarian Cancer

Index. B Bladder, injury of, Bowel, injury of, , Brachytherapy, for cervical cancer, 357 Burns, electrosurgical,

Canadian Coding Standards for ICD-10-CA and CCI Errata

Molly A. Brewer DVM, MD, MS Chair and Professor Department of Obstetrics and Gynecology University of Connecticut School of Medicine

Transcription:

MEMORANDUM TO: Sandy Koufax FROM: Martin A. Ginsburg, BSN, RN SUBJECT: Merit Screen Johns DATE: 23SEP16 Mr. Koufax, Per your instructions and at your request, this memorandum is a summary of information noted during a perusal of available records relating to your client, including; admission, medical history, imaging study readings, treatments, and consults and evaluations related perforation of her small bowel during a laparoscopic hysterectomy during her hospitalization from 22APR16-07MAY16. University Hospital of Chicago admitted Mrs. Johns with diagnoses of: 1. Uterine fibroids 2. Morbid obesity 3. Pre-renal hyponatremia, mild 4. History of (10 pack-year) tobacco abuse The focus in this merit screening is, as requested, whether a delay in recognition of a perforated colon breached the duty of care causing damages to the patient. These cases are difficult, at best, for plaintiffs and their legal team. While it is reasonable to see a time lag as a failure to timely respond, this is not always the case. In this patient, the allegation is a delay in diagnosis of, or failure to diagnose, perforated bowel. The patient underwent a laparoscopic hysterectomy during which she suffered a bowel perforation and there is concern as to timely diagnosis and treatment of this known complication of this procedure. Per the submitted records, the patient initially underwent the laparoscopic procedure on 22APR16 during which she suffered an injury to her bowel. The patient s 1

post-operative course was marred by increasing abdominal pain and an increasing white blood cell count (WBC). A computed tomography scan (CT) with both oral and intravenous (IV) contrast was performed as well as pre-contrast images taken. This scan showed no definitive evidence of gastrointestinal (GI) bleeding or leakage of GI contents into the abdomen. This failure to demonstrate a bowel injury led to a recommendation by the medical team to perform a second procedure to identify the source of the patient s pain as perforated bowel is a leading complication of hysterectomy and presents much as this patient s symptoms. During an exploratory laparotomy of her abdomen, a perforation of the small bowel was found and sutured closed. The patient s post-operative course following this second procedure was within expected norms and the patient was discharged home on 07MAY2016. Patient reports of hernia related to open abdominal surgery identifies a known complication of open procedures in patients with concomitant morbid obesity. Wound dehiscence and other wound healing complications are known and difficult, at best, to prevent in this population. Despite the adverse events reported by Mrs. Johns, there is insufficient evidence of a breach of the standards of care in this case. Rather; this presents as a case where known complications coincided and sequenced in such a way as to lead the overall outcome to appear as error. For the reasons explained herein a finding of no merit is warranted. Please advise of additional information needed or questions I can answer. Respectfully, Martin A. Ginsburg, BSN, RN Nurse Paralegal 2

MEMORANDUM TO: Sandy Koufax FROM: Martin A. Ginsburg, BSN, RN SUBJECT: Merit Screen Simpson DATE: 20SEP16 Mr. Koufax, Per your instructions and at your request, this memorandum is a summary of information noted during a perusal of available records relating to your client, including; admission, medical history, imaging studies and readings, treatments, and consults and evaluations related perforation of her sigmoid colon and diverticulitis during her hospitalization from 24SEP15-25NOV15. WakeMed admitted Mrs. Simpson with diagnoses of: 1. Diverticulitis of large intestine with perforation and abscess without bleeding 2. Essential (primary) hypertension 3. Anxiety disorder, unspecified 4. Postmenopausal bleeding 5. Candidiasis, unspecified 6. Unspecified protein-calorie malnutrition 7. Morbid (severe) obesity due to excess calories The focus in this merit screening is, as requested, whether a delay in recognition of a perforated colon breached the duty of care damages to the patient. These cases are difficult, at best, for plaintiffs and their legal team. While it is reasonable to see a time lag as a failure to timely respond, this is not always the case. Mrs. Simpson, upon admission, underwent computed tomography (CT) scanning which diagnosed her diverticulitis but did not demonstrate any level of perforation of her colon. Mrs. Simpson reported abdominal pain and constipation upon admission and to relieve 1

constipation, enemas were ordered and administered. Micro-perforation was noted on a later scan and Mrs. Simpson continued to have her diverticulitis managed with conservative medical treatment. There were indications of infection present during a large portion of the time between admission and her initial surgery. An elevated white blood cell count (WBC) is an early physiologic response to infection. It should be noted that trauma may also increase a WBC as it is a component of the inflammatory response. These elevated WBC findings were also, until the day of initial surgery, well controlled leading to a reasonable conclusion that conservative management was of value in this patient. From the materials available it cannot be stated with any degree of certainty that there was a failure to timely diagnose or intervene related to a perforated diverticular colon. The delays are within the discretion of the treating physician and consist with recognized standards that strive to effectively treat disease without incurring unnecessary risks, such as those associated with any surgical procedure. While not a part of the brief and focus in this case, results of the alleged delay were perused and grossly appear to be known consequences of the interventions undertaken. This is an approximation from a truncated examination and not in any way an opinion based upon thorough review. While it may be possible to argue a delay in treatment, the opposition will argue practitioner discretion, high risks of surgery in this patient due to co-morbid conditions, and likelihood of no change in outcome. This defense of the practitioner is within reason and presents a significant burden that may be insurmountable. Mrs. Simpson has obviously suffered greatly because of this entire situation and process, however; MarGin finds no information sufficient to support an allegation of a delay I treatment or intervention. Please advise of additional information needed or questions I can answer. Respectfully, Martin A. Ginsburg, BSN, RN Nurse Paralegal 2

MEMORANDUM TO: Sandy Koufax FROM: Martin A. Ginsburg, BSN, RN SUBJECT: Patient Medical Record Review and Summary DATE: AUGUST 28, 2016 Mr. Koufax, Per your instructions and at your request, this memorandum is a summary of care provided your client related to her diagnosis of terminal endometrial cancer. In this patient, the allegation is a delay in diagnosis of, or failure to diagnose, endometrial (uterine) cancer. Attached is a track changes document appending in-line commentary to your email to supplement this memorandum. This attachment will demonstrate the details of investigation into this case. This patient has a history significant for pelvic organ prolapse and breast cancer with partial left mastectomy to clear margins with follow-up examinations demonstrating no extension of disease. Per the submitted records, the patient initially reported postmenopausal bleeding in July of 2013 and underwent endometrial biopsy at that time. In August of 2013 patient underwent ultrasound evaluation of her uterus that demonstrated myometrial fibroids. This ultrasound followed, rather than preceded, an endometrial biopsy that failed to yield a viable specimen. Had biopsy been repeated following the August ultrasound the fibroids could have been specifically targeted for biopsy in addition to endometrial tissue and the nature or the fibroids then identified. Failure to conduct a repeat of specimen collection by biopsy, especially in a postmenopausal woman with a history of vaginal bleeding not linked to cervical disease, is a failure to perform to expected standards. If a biopsy was indicated simply for bleeding in a postmenopausal patient, there is no reason not to recommend, at the least, a Page 1 of 3

repeat attempt to collect a viable specimen. No such recommendation is found in the provided records. There is a period of some ten months between the identification of myometrial fibroids and Hysteroscopy with endometrial biopsy and polypectomy with D&C to obtain specimens for evaluation by pathology. During this period, there was substantial opportunity for the cancer found to invade adjacent structures and adversely impact the potential for survival. The patient is reported in the record (p. 508) to have vacillated regarding hysterectomy. Whether this hesitance may have changed in the face of a successful biopsy of myometrial fibroids that would, almost certainly, have identified a cancerous process in not knowable. That said, it is possible that the surviving spouse has knowledge regarding the patient s frame of mind regarding hysterectomy and whether she would likely have made a decision to proceed in the face of such information. Recommendations: 1. Timeline creation of diagnostic and interventional events related solely to endometrial cancer from detailed records dating from last full gynecologic exam before spotting/bleeding to capture all reports of bleeding and diagnostic/intervention efforts; a. Production of a timeline focused solely on the visits and notes related to postmenopausal bleeding and uterine diagnostics and intervention would serve the purpose of demonstrating the lapses more clearly while preparing ADR/trial exhibits in advance of need; 2. Creation of a detailed chronology should be deferred unless an opinion expert witness requires such preparation before undertaking a review. a. Detailed chronologies, while informative, are costly and examine more information than is necessary for the production of a targeted timeline; 3. Given the likelihood of breach in this fact pattern, a detailed causation evaluation with supporting literature preparation performed concurrently with timeline creation would permit this matter to move forward more expeditiously should the timeline noted above support the strong suspicion of a breach; a. A nursing causation evaluation will capture relevant literature with annotations for testifying expert review to reduce expert witness review time, both calendar and billing; Page 2 of 3

4. An expert identification effort should begin at the earliest opportunity to locate and vet opinion experts and ensure their availability to assist. a. Opinion experts can be expected to include gynecology, gynecologic oncology, and radiology, with the caveat that a gynecologic oncologist would need to be prepared to opine on the impact of the breast cancer chemotherapy regimen on endometrial tissue and pathologies. While your email suggests an initial reticence to prosecute this matter, as described above, this level review demonstrates the substantial likelihood of proof of breach sufficient to overcome Plaintiff s burden. The assessment of the economics of damages is not, as a matter of routine, included in this level report as this is a clinical review not designed to assess case or verdict history in the jurisdiction of concern. As such, costs of surgery, laboratory and radiology testing, additional chemotherapy, hospitalizations, and more represent identifiable economic damages. Non-economic damages are outside our purview and are, therefore, not assessed here. Please advise of additional information needed or questions I can answer. Respectfully, Martin A. Ginsburg, BSN, RN Nurse Paralegal Page 3 of 3