Take 2 Call Me in the Morning

The pandemic has been very very good to the Medical Industrial Complex. This is contrary to the public messaging that had Governor’s daily scolds as a way of reminding us Covid is killing the world and that once you get Covid, hospitals will be overrun and you will not get care because they cannot help you. The news put story after story showing crowded waiting rooms, hallways filled with patients and the daily count rising as if at any moment Covid will come through the door and kill you like a home invader.

Meanwhile smaller hospitals on the brink of closing for lack of funding did just that, close. Hospitals outside major cities were overrun while others were not. Tents were erected, special boats sailed in, larger public arenas were commissioned to be overflow sites and then within weeks they packed their tents, sailed away and the arenas closed awaiting a new use as a massive injection site. The Javitz Center was open and closed in a week for such use, much like a badly reviewed Broadway play as there were simply not enough vaccines available in which to run such a massive scale operation that was to run 24/7. They should have tried slot machines.

Much of the political jockeying and manipulation was based in truth as Hospitals that are run by major corporations were ill prepared for this virus. They had insufficient PPE and of course space and equipment needed to handle a major uptick in admissions. The lack of information, consistent data and of course actual understanding of Covid and how to treat it led to many Medical Personnel overworked, utterly confused and abandoned as they tried to piece together everything from their own PPE to how to treat a virus that seemed to manifest itself as a different disease with each admitted case. Sounds like AIDS in the nascent days but then again media and news on that plague was centered slightly differently.

But to put it in perspective this was Hudson County the largest densest county in NJ where I live. And this was the info at the worst at three hospitals:

These CarePoint Health hospitals have admitted one of the highest rates of COVID-19 cases, approximately one out of every 82 positive cases in the country, according to CarePoint Health. Out of the more than 95,000 positive cases in New Jersey, the three hospitals had nearly 1,200 admissions through April 18.*** this works out to .12 of cases.. not 12.. 0.12. That is not as overwhelming as one was led to believe during the height of pandemonium.

And the same said for staff related Covid illness. As they found in one with 1,100 staff only 14-15 tested positive. Meaning again 0.1 percent. And yes the health care workforce were unprepared and lost workers and some to suicide which also crossed into the other fields of care. But this mental health issue is not one they faced alone. And the total of Covid deaths by healthcare workers was 3,000 in 2020. By December 26, 2020 the total deaths recorded by the CDC from Covid was 22,574. Total deaths 81,394. So that was 0.27 percent of deaths from Covid. And we can agree that the secondary totals that included death from Covid related causes increases that count and we will never have fully accurate numbers. That again parallels AIDS as many died from the secondary illnesses that were the result of contracting HIV. Again putting this in perspective: The Institute of Medicine report estimated 98,000 Americans were dying annually due to medical errors. Estimates of annual patient deaths due to medical errors have since risen steadily to 440,000 lives, which make medical errors the country’s third-leading cause of death.

So we applauded these workers as heroes. As many went out nightly to honk horns, bang pots and clap for the front line workers, the back of the house was cutting staff, closing doors and cashing checks. The bailout was a money maker and many wealthy hospitals found themselves cashing in on that as if the slots had finally pulled a winner.

This from The Washington Post discusses how many facilities turned this nightmare into gold thanks to the Cares Act bailout. The idea was intended to offset all costs of treating infected patients, including purchasing ventilators, masks, gowns and other personal protective equipment. Congress further authorized hospitals to use the money to compensate for a drop in revenue when they shut down elective surgeries and non-emergency treatments to prepare for the anticipated deluge of covid-19 patients. The money, referred to as the Provider Relief Fund, helped many poorer hospitals avert cash crunches, layoffs and bond rating downgrades. And many hospitals did close as they had already received negative ratings by Moody’s prior to Covid; however, the idea was that in fact, this lifeline was to prevent it. And what resulted was even with the targeted aid, recipients included well-endowed academic medical centers and major urban hospitals. Only $14 billion took profitability into consideration, HHS documents show. HHS restricted those payments to hospitals with 3 percent or lower profit margins.

Wealthy hospitals also benefited because HHS used a broad definition of lost revenue. If a hospital earned less than in the year before, or simply less revenue than it had budgeted for, it could chalk up that difference to the pandemic and apply the relief funds to it. The implications garnered little attention at the time as they were overshadowed by the concerns about how HHS was doling out the money rather than how it could be used.

And then we have today and testing issues that still have to be addressed as with contact tracing. Those two issues are again in the new stimulus package but it has not prevented hospitals for well doing what they do best – overcharging. And this article from The New York Times found that many hospitals are charging excessive fees for the basic Covid test even within themselves. Say you are getting one from your Physician or their own Urgent Care within the building but the ER facility will process said test and the costs then double down. Or in this case in New York, Lenox Hill, one of the city’s oldest and best known hospitals, repeatedly billed patients more than $3,000 for the routine nasal swab test, about 30 times the test’s typical cost.

And this is not uncommon as the Times has found out. They has been asking readers to submit bills so that we can understand the costs of coronavirus testing and treatment. So far, more than 600 patients have participated. Their bills have revealed high charges and illegal fees, as well as patients who face substantial medical debt for coronavirus treatment. State-run testing sites in New York do not charge patients or collect health insurance information for the coronavirus nasal swab tests. A study published last year found that a swab test at a hospital can run from $20 to $850. Some independent laboratories have charged more, billing $2,315.

And while it appears that may be the case across the country, it is not one consistently applied across the country. Emergency room fees are common in the American system but rare in the world of coronavirus testing. At The Times’s request, the data firm Castlight Health analyzed insurance claims for 1.5 million coronavirus tests.

It found that less than 4 percent of coronavirus tests are billed through emergency departments. The vast majority of those tests are associated with large claims that have many charges, suggesting the nasal swab was incidental to a more complex visit.

And this brings me to of course my favorite target of this the biggest hero of the time, Andrew Cuomo. As more comes out about this asshole I cannot say enough about how America drank that down like a milkshake from Shake Shack. Sorry he was no better than Trump and with that, we have a crisis that transcended just the White House. Some Governor’s really stepped up and the numbers and losses prove that by just doing the work, the work gets done. We have a crisis right now, Covid is with us. There are variants in place and the sheer lack of vaccines along with testing and tracing will mean this will continue. Yesterday I watched several drunk morons board the PATH, they were unmasked and they gradually found one and then a young girl had lost hers so the idiot boy with her removed his shirt. That is when I departed the car for another one. A woman followed me as another man also was naked faced. These people are assholes and idiots. Again ignorance is not bliss it’s ignorance. I have already shared my thoughts on the non-vaxxers as my exchange with Barista Brian on Friday seemingly played out in a skit on Saturday Night Live. I found it funny, but then why should I?

What Does Not Kill You

Does not make you stronger it just makes you alive.

I find myself still to this day trying to understand why a hospital treated me like a dirtbag and it breaks me apart. I realize that this is more common then not but somehow it has never lessened my pain. I hope when I move away that distance will do what time has failed. As I read my records and the stories of others there are common factors. There was no communication between staff, nor anyone actually intelligent enough to take command, ask questions and seek appropriate advice. And you see that in every story about some hospital or clinic mishap from private to public to the Veterans Hospitals, the medical industrial complex cranks out victims on a daily basis and they do so without recourse.

When you look at the stories I have found about Doctors, Nurses and other care givers whose abuse and neglect have killed people and walk away most often unscathed leaving in their wake lives ruined or destroyed I continue to be amazed at how the knee jerk obsessed legislators ignore the problem. Yet when a victim of crime comes forward the press conferences are held and laws re-written, amended or created to show how they care about their constiuents. Being tough on crime means being tough on crime by blue aka black collars, white collars not so much. Look at bankers and the millions whose lives were ruined in their pursuit of the mighty dollar.

So we have Cops, Doctors, Bankers as the most destructive forces in America and it is the only time the blue and the white collars meet as they need each other in a course of co-dependancy that is about control. How sad. How grim. How pathetic.

There was another article today about Doctors who are accusing parents of child abuse when it comes to the parents and their childrens medical care. I have nothing to say or comment about this as frankly once again it is intervention that depends on the situation and individual but again why are charges filed, children taken when this could be resolved by mediation and the voice of a third party who is both informed and engaged in the well being of others without the need of law and enforcement to resolve the conflict. But again this is about control.

And we have a Judge who took children away from a parent as they would not have lunch with another parent. This all was sad and grim and pathetic again as what did this resolve? And what damage is the result of this. Well nothing but it reminds everyone that Judges are in control.

And caring about the long term is abandoned when it comes to the short term. It is about control and about ensuring one’s own position and security over another. The abuse and mistreatment of people in society focuses first on color, then gender and then age. We treat children and seniors as bookends, sweet individuals who seem to not be able to make decisions and must be handled as such.

I fear getting older in this country. The level of abuse and mistreatment is legendary and once again another story about another senior couple being murdered and abused by those in the position of his care. Not a new story but just another on the long list. Yet you will see no legislator up in arms or willing to tackle this industry as there is money to be paid and earned by the lobbyists of this profit generating industry and we boomers are not getting any younger. That was does not kill you doesn’t…. right now.


Health & Science
Popular blood thinner causing deaths, injuries in nursing homes

By Charles Ornstein | ProPublica July 12

When Loren Peters arrived in the emergency room in October 2013, bruises covered his frail body and blood oozed from his gums.

The 85-year-old had not been in a fight or fallen down. Instead, he had been given too much of a popular, decades-old blood thinner that, unmonitored, can turn from a lifesaver into a killer.

“My goodness, I’ve never seen anything like it,” recalled Lorna Finch, Peters’s daughter, of the ugly purple bruise that sprawled from the middle of her father’s stomach to his hip. “It was just awful.”

Peters took Coumadin at his Marshalltown, Iowa, nursing home because he had an abnormal heart rhythm, which increases the risk of stroke. It’s a common precaution, but the drug must be carefully calibrated: too much, and you can bleed uncontrollably; too little, and you can develop life-threatening clots.

When nursing homes fail to maintain this delicate balance, it puts patients in danger. From 2011 to 2014, at least 165 nursing home residents were hospitalized or died after errors involving Coumadin or its generic version, warfarin, a ProPublica analysis of government inspection reports shows. Studies suggest there are thousands more injuries every year that are never investigated by the government.
Problems with a popular anticoagulant View Graphic

“It’s an insidious problem,” said Rod Baird, president of Geriatric Practice Management, a firm that creates electronic health records for physicians working in long-term care facilities. Because it’s so easy to get wrong, “Coumadin is the most dangerous drug in America.”

Nursing homes around the country are routinely cited for lapses that imperil residents, from letting those with dementia wander off to not stopping elders from choking on their food. For years, advocates, researchers and government officials have worried about the overuse of anti­psychotic medications that can put elderly patients into a stupor and increase their risk of life-threatening falls. A national initiative helped reduce the use of such drugs among long-term nursing home residents by 20 percent between the end of 2011 and the end of 2014.

But the dangers of the widely used Coumadin have drawn relatively little scrutiny, perhaps because the drug has clear benefits. Still, improper use has caused some patients incalculable suffering and, in some cases, greatly hastened deaths.

Dolores Huss, an 89-year-old grandmother of eight, died from internal bleeding after a San Diego facility gave her an antibiotic that multiplies the effects of Coumadin and then didn’t alert her physician that she needed additional blood tests to measure how long it was taking her blood to clot.

Shirley Reim, recovering from hip surgery, was hospitalized with blood clots in her legs after a Minnesota nursing home failed to give her Coumadin for 50 days in a row and also didn’t perform the blood test ordered by her doctor. She suffered permanent damage. Details of the cases come from government inspection reports and lawsuits filed by the patients’ families, which were settled confidentially.

Periodic inspections document hundreds of additional errors that were caught early enough to prevent serious harm, but the real toll is likely much higher, experts say.

A 2007 peer-reviewed study in the American Journal of Medicine estimated that nursing home residents suffer 34,000 fatal, life-threatening or serious events related to the drug each year. North Carolina data shows more medication errors in nursing homes involving Coumadin than any other drug.
“I asked his doctor: ‘What really is going on here?’ ” Lorna Finch said. “ ‘Do we have any hope of getting Dad back?’ [The doctor] said, ‘You know he’s pretty weak.’ ” (Danny Wilcox Frazier/For The Washington Post)

Despite such evidence, Coumadin deaths and hospitalizations have drawn only limited attention from the Centers for Medicare and Medicaid Services (CMS), the federal agency that regulates nursing homes. Federal officials haven’t tallied Coumadin cases to see the full extent of the damage or identify common problems involving the use of the drug. Neither has the American Health Care Association, the trade group for nursing homes.

The government investigates incidents like the one involving Peters that trigger complaints or surface in routine inspections. Sometimes, the CMS slaps homes with “immediate jeopardy” citations, fining them and threatening to cut off federal funding if quick action isn’t taken. Villa del Sol, where Peters lived, received such a citation related to his care and was fined $33,345.

More commonly, though, homes are not fined and are simply asked to correct the problems and put policies in place to keep them from happening again, ProPublica’s analysis shows.

Last year, the Department of Health and Human Services identified Coumadin and other anticoagulants as one of the drug categories most frequently implicated in “adverse drug events,” calling on government agencies to work on solutions. In a statement, the CMS, which is part of HHS, said it is raising awareness of such events, training its inspectors to do a better job at identifying them and working with nursing homes to prevent them.

In Peters’s case, no one at the nursing home conducted the blood test needed to see the effect Coumadin was having, even as bruises spread across his body over a two-week period, government inspectors later found. Peters never recovered, dying a few days after he was brought to the hospital.

Villa del Sol recently changed its name to Hawkeye Care Center Marshalltown. Doug Johnson, president of the home’s parent company, Hawkeye Care Centers, said by e-mail, “We adhere to privacy rules and practices and do not comment on litigated matters.”
A breakthrough, with risks

Coumadin’s roots go back to the 1940s, when scientists at a nonprofit affiliated with the University of Wisconsin at Madison — the Wisconsin Alumni Research Foundation — came up with a rat-and-mouse killer called warfarin, a play off the nonprofit’s initials.

It was derived from a chemical in spoiled sweet clover that had caused cattle to bleed to death after dehorning, castration and other procedures. The substance disrupted the clotting process, so that animals hemorrhaged internally and died.

In the 1950s, drugmaker Endo Laboratories began selling warfarin for human use under the brand name Coumadin. It is in a category of drugs known as anticoagulants. An early user was President Dwight D. Eisenhower, who was prescribed the medication after having a heart attack.

Coumadin was a breakthrough for patients with an array of heart troubles associated with blood clots. These include abnormal heart rhythms, along with pulmonary embolisms and deep-vein thrombosis.

But the drug interacts badly with certain foods and medications, particularly antibiotics, and it requires regular blood tests to ensure it’s working as intended. The test measures the time it takes for blood plasma to clot.

In Medicare’s prescription drug program, known as Part D, 2.4 million seniors and disabled people filled at least one prescription for warfarin, the generic of Coumadin, in 2013, making it one of the most-used drugs. About 280,000 were prescribed brand-name versions, Coumadin and Jantoven. Many people, including health inspectors, continue to call the generic versions Coumadin because it is so well known.

About 1 in 6 of the nation’s 1.3 million nursing home residents take an anticoagulant, according to federal data from earlier this year; the majority are believed to be on Coumadin or its generic.

Newer anticoagulants, including Eliquis, Pradaxa and Xarelto, have entered the market in recent years and, in some ways, are easier to use than Coumadin. Patients taking these drugs don’t need regular blood tests and don’t have to avoid certain foods.

But unlike Coumadin, the effects of which can be reversed with vitamin K, there currently is no antidote if patients taking the newer drugs begin bleeding uncontrollably.

Some doctors also are reluctant to use the new drugs on seniors, particularly those with multiple health problems, because they carry their own risks, including gastrointestinal bleeding.
‘Perfect setup for bad things’

Coumadin is tricky to manage even for otherwise healthy patients who don’t live in nursing homes. A study published last year by the lab company Quest Diagnostics found that patients taking Coumadin or its generic had lab results showing that the drugs had the desired effect only 54 percent of the time.

A 2011 report in the New England Journal of Medicine found that the drug accounted for some 33,000 emergency hospitalizations among the elderly from 2007 to 2009, more than twice as many as the next-highest drug, insulin. The study did not look exclusively at nursing home residents.

Given Coumadin’s challenges — and the coordination required among doctors, nurses, pharmacists and laboratories — nursing homes are the “perfect setup for bad things happening,” said Jerry Gurwitz, chief of geriatric medicine at the University of Massachusetts Medical School. Since the 1990s, when he first wrote about the problems of Coumadin in nursing homes, “very little, unfortunately, has changed,” he said.

Federal inspection reports repeatedly cite the same types of problems: patients not getting the drug as ordered, or given the wrong doses, or given without a doctor’s order.

A Texas nursing home resident received Coumadin for 34 days “without a physician order or adequate monitoring.” Blood was pooling in his mouth when he was sent to the hospital. A patient at a Minnesota home needed three surgeries for a blood clot in the left leg after not receiving 17 doses of the medication.

Failure to monitor the drug can lead to dangerous side effects. At a North Carolina home, a patient on Coumadin wound up in the hospital after no clotting tests were done for a month. An internal review found that a nurse “mistakenly put the February labs on the wrong month.”

Sometimes, the tests were done, but nursing homes didn’t alert doctors when the results were abnormal. At a Maine nursing home, a doctor wasn’t told when lab results showed a resident’s blood took too long to clot. Days later, when staff assisted the resident to the bathroom, the resident passed out and had no heartbeat. It is unclear if the resident survived.

In several cases, patients taking Coumadin fell, and nursing homes were cited for not doing enough afterward to ensure their safety. In Arkansas, a resident on the drug fell and hit his head during exercise class. A nurse said she didn’t call his doctor because the doctor “didn’t like to be called at night unless it was an emergency.” The resident died from the consequences of massive bleeding in the brain.
Vigilance difficult to enforce

Most patients who are taking Coumadin need it, experts agree. But problems with monitoring occur even at facilities trying to be vigilant.

A report published last year in The Consultant Pharmacist journal found that 12 New York nursing homes given tools to improve how they handled patients on Coumadin — including staff education programs — largely failed to improve their management of the drug.

“Improvements were not seen despite active intervention,” the report’s authors wrote. “If long-term care facilities are unable to voluntarily implement necessary improvements, then regulatory changes may be necessary to assure patient safety regarding anticoagulant use.”

David Gifford, senior vice president of quality and regulatory affairs at the American Health Care Association, said Coumadin errors can’t be viewed in isolation. “Those that approach one area at a time, they’re chasing their tail and they’re not going to see improvements,” he said. “This week, the soup du jour is Coumadin errors . . . then next week, it’s insulin errors.”

The association recently announced a quality initiative aimed at, among other things, reducing “unintended health care outcomes” — a broad category that covers various types of errors, including those involving medication.

Some long-term care associations say it would be better for CMS to work with the nursing home industry to change its practices rather than to take each incident in isolation, using citations and other sanctions to bring homes in line. Another concern is not to discourage doctors from prescribing Coumadin.

“It may be distorting a little bit to look at the immediate jeopardy outcomes [cited by regulators] without looking at the overall population that’s on it and needs to be on it,” said Cheryl Phillips, senior vice president of public policy and advocacy at LeadingAge, an association of nonprofit senior service organizations. “In fact, to not put people on blood thinners is a huge risk and in many cases malpractice.”
‘Things didn’t get any better’

Peters, a retired factory worker, moved into Villa del Sol in 2011 with his wife of more than 60 years, Arleta, who had fallen and could no longer walk on her own.

In September 2013, during a week-long hospital stay, Peters was diagnosed with a variety of abnormal heart rhythms and sent back to the nursing home on Coumadin, the government’s inspection report said.

Both the hospital and Peters’s doctor left instructions for the nursing home to give him a particular test to assess his clotting rate. But it was never done. Instead, the staff gave him a different test intended for patients taking heparin, another blood thinner.

One nurse told inspectors that “it never occurred to her to look to see if the blood work was for what the physician ordered.” Another said “it never occurred to her that this resident was on Coumadin” and needed his blood monitored, according to the government report.

In the first two weeks of October, staff members made several notes in Peters’s chart about bruises on his body. Several entries mentioned scattered bruising; one noted a large bruise on the right abdomen that was purple in the center, green and yellow on the outside. The nurses decided among themselves that the bruises must have been from the lift they used to transfer him, the inspection report said.

Peters was taken to the emergency room after midnight on Oct. 15, 2013, because of the bleeding from his gums.

There, a quick test showed that his blood took so long to clot that he might never stop bleeding on his own — a result his doctor told inspectors she’d never seen before.

The doctor later told an inspector that Peters’s bruises were so “horrible” she asked the hospital to take pictures of them. (Photos were taken, said Jeffrey Pitman, an attorney for Peters’s family.)

“They had to have noticed the bruises, and why didn’t they do something about it?” said Finch, Peters’s daughter.

At the hospital, doctors gave Peters vitamin K to try to counteract the Coumadin.

He grew confused, agitated, almost belligerent. He had trouble breathing.

“It just got to a point where things didn’t get any better,” said Finch, 59. “I asked his doctor: ‘What really is going on here? Do we have any hope of getting Dad back?’ [The doctor] said, ‘You know he’s pretty weak.’ ”

As hopes for Peters faded, his wife, too, became ill and was taken to the same hospital. Peters’s family decided to move him to his wife’s room so they could be together in his final hours.

When Peters was wheeled into the room, he was “pretty much unresponsive,” inspectors wrote. “However, when they put [his] spouse’s hands in [his], the resident woke up and was able to talk.”

He died the next morning; Arleta, three weeks later.

“When Dad passed away, she quit,” Finch said. “She just broke down and she screamed, ‘I am so mad at him, he didn’t take me with him.”

Having a Laugh!

Remember the crazy writer who has written contradictory articles about the medical profession? I will neither use her name nor promote her hideous book, so you can look through the Washington Post or the New York Times or this blog about how she defended Nurses and Doctors laughing at their patients as a coping strategy. Later she wrote about how mean Nurses are affecting care and compromising the profession.  Which is it? I think it is both frankly as they are human and we are not a perfect breed regardless of what we do for a living.

Well here we have the penultimate in why anyone in the profession should take a big pill and a big dose of STFU. This case makes me laugh as frankly we have to film encounters with cops and medical professionals to ensure our safety and veracity in each encounter. I do. I tell them when I walk in that I record as to ensure I am following instructions, can listen without taking notes or whatever other bullshit I can come up with to record legally. In my state we are not allowed to do so without permission. I do so, regardless, as I don’t plan on using it in court, I transcribe it to make sure my recollections are the same and then I request my medical records immediately after to compare notes.

This is what you do after being exploited and abused by the medical profession to protect your rights. Only once was I asked if I was recording and told not to and that was by the Attorney representing the defendants in my suit against Harborview.  He knew I recorded as I had quoted specific phrases and details that had to come from a transcriptionist which was not present during the original meeting with the witches of Harborview, he is quite smart to have figured it out. Funny he just left that law firm and is now a solo Attorney located in a consortium of offices shared by Attorneys who are personal injury lawyers. Crossing over to the darkside perhaps? Protecting patients vs covering up for Doctors doesn’t pay as much but maybe it does good on some level.

America you are screwed and told to sue. Well not always does it work out. And by the way this judgment will be appealed and in turn possibly settled and the individual will pay taxes on the total amount prior to the attorney fees being deducted. Just so you know that money is not the reason you sue, it is to shame, embarrass and humiliate and possbibly just possibly get the truth and maybe just maybe an apology.

Anesthesiologist trashes sedated patient — and it ends up costing her
Audio: Anesthesiologist trashes sedated patient

These audio clips are excerpts from conversations between a gastroenterologist, an anesthesiologist and a medical assistant during a colonoscopy. This was entered as evidence in a lawsuit filed by the patient for defamation and medical malpractice.

The Washington Post
By Tom Jackman
June 23 2015

Sitting in his surgical gown inside a large medical suite in Reston, Va., a Vienna man prepared for his colonoscopy by pressing record on his smartphone, to capture the instructions his doctor would give him after the procedure.

But as soon as he pressed play on his way home, he was shocked out of his anesthesia-induced stupor: He found that he had recorded the entire examination and that the surgical team had mocked and insulted him as soon as he drifted off to sleep.

In addition to their vicious commentary, the doctors discussed avoiding the man after the colonoscopy, instructing an assistant to lie to him, and then placed a false diagnosis on his chart.

“After five minutes of talking to you in pre-op,” the anesthesiologist told the sedated patient, “I wanted to punch you in the face and man you up a little bit,” she was recorded saying.

When a medical assistant noted the man had a rash, the anesthesiologist warned her not to touch it, saying she might get “some syphilis on your arm or something,” then added, “It’s probably tuberculosis in the penis, so you’ll be all right.”

When the assistant noted that the man reported getting queasy when watching a needle placed in his arm, the anesthesiologist remarked on the recording, “Well, why are you looking then, retard?”

There was much more. So the man sued the two doctors and their practices for defamation and medical malpractice and, last week, after a three-day trial, a Fairfax County jury ordered the anesthesiologist and her practice to pay him $500,000.

The plaintiff, identified in court papers only as “D.B.,” wanted to maintain his anonymity and did not want to comment about the case, said his attorneys, Mikhael Charnoff and Scott Perry.

The anesthesiologist, Tiffany M. Ingham, 42, could not be reached for comment, and her attorney, D. Lee Rutland, did not return messages seeking comment. Ingham worked out of the Aisthesis anesthesia practice in Bethesda, Md., which the jury ruled should pay $50,000 of the $200,000 in punitive damages it awarded. Officials there did not return a call seeking comment. Ingham no longer works there, an Aisthesis employee said, and state licensing records indicate that she has moved to Florida. An anesthesiology practice in Tavares, Fla., said she no longer worked there. Calls to a number believed to be Ingham’s were not returned, and there was not an answering machine or voicemail at that number.

[Opinion: Nurses make fun of their dying patients. And that’s okay.]  **here it is.

On the opening day of the trial last week, the gastroenterologist who performed the colonoscopy, Soloman Shah, 48, was dismissed from the case. Court documents state Shah also made some insulting remarks — “As long as it’s not Ebola, you’re okay,” Shah was recorded saying during the rash discussion — and did not discourage Ingham from her comments or actions, which included writing on the man’s chart that he had hemorrhoids, when he did not.

Neither Shah, who did not return a message left at his office, nor the lawyers on either side would comment.

The lawyers also would not discuss whether Ingham or Shah faced disciplinary action from the Virginia Board of Medicine. No actions are listed against either on the board’s Web site.

The jury awarded the man $100,000 for defamation — $50,000 each for the comments about the man having syphilis and tuberculosis — and $200,000 for medical malpractice, as well as the $200,000 in punitive damages. Though the remarks by Ingham and Shah perhaps did not leave the operating room in Reston, experts in libel and slander said defamation does not have to be widely published, merely said by one party to another and understood by the second party to be fact, when it is not.

“I’ve never heard of a case like this,” said Lee Berlik, a Reston lawyer who specializes in defamation law. He said comments between doctors typically would be privileged, but the Vienna man claimed his recording showed that there was at least one and as many as three other people in the room during the procedure and that they were discussing matters beyond the scope of the colonoscopy.

“Usually, all [legal] publication requires is publication to someone other than the plaintiff,” Berlik said. “If one of the doctors said to someone else in the room that this guy had syphilis and tuberculosis and that person believed it, that could be a claim. Then it’s up to the jury to decide: Were the statements literal assertions of fact? The jury apparently was just so offended at this unprofessional behavior that they’re going to give the plaintiff a win. That’s what happens in the real world.”

One of the jurors, Farid Khairzada, said that “there was not much defense, because everything was on tape.” He said that the man’s attorneys asked for $1.75 million and that the $500,000 award was a compromise between one juror who thought the man deserved nothing and at least one who thought he deserved more.

“We finally came to a conclusion,” Khairzada said, “that we have to give him something, just to make sure that this doesn’t happen again.”

The colonoscopy took place in Shah’s surgical suite on April 18, 2013, according to the man’s lawsuit. While being prepped for the procedure, the man apparently told Ingham that he had passed out previously while having blood drawn and that he was taking medication for a mild rash on his genitals.

Because he was going to be fully anesthetized, the man decided to turn on his cellphone’s audio recorder before the procedure so it would capture the doctor’s post-operation instructions, the suit states. But the man’s phone, in his pants, was placed beneath him under the operating table and inadvertently recorded the audio of the entire procedure, court records show. The doctors’ attorneys argued that the recording was illegal, but the man’s attorneys noted that Virginia is a “one-party consent” state, meaning that only one person involved in a conversation need agree to the recording.

The recording captured Ingham mocking the amount of anesthetic needed to sedate the man, the lawsuit states, and Shah then commented that another doctor they both knew “would eat him for lunch.”

The discussion soon turned to the rash on the man’s penis, followed by the comments implying that the man had syphilis or tuberculosis. The doctors then discussed “misleading and avoiding” the man after he awoke, and Shah reportedly told an assistant to convince the man that he had spoken with Shah and “you just don’t remember it.” Ingham suggested Shah receive an urgent “fake page” and said, “I’ve done the fake page before,” the complaint states. “Round and round we go. Wheel of annoying patients we go. Where it’ll land, nobody knows,” Ingham reportedly said.

Ingham then mocked the man for attending Mary Washington College, once an all-women’s school, and wondered aloud whether her patient was gay, the suit states. Then the anesthesiologist said, “I’m going to mark ‘hemorrhoids’ even though we don’t see them and probably won’t,” and did write a diagnosis of hemorrhoids on the man’s chart, which the lawsuit said was a falsification of medical records.

After declaring the patient a “big wimp,” Ingham reportedly said: “People are into their medical problems. They need to have medical problems.”

Shah replied, “I call it the Northern Virginia syndrome,” according to the suit.

The doctors argued that the Vienna man did not suffer any physical injury or miss any days of work. The man’s complaint said that he was “verbally brutalized” and suffered anxiety, embarrassment and loss of sleep for several months.

“These types of conversations,” testified Kathryn E. McGoldrick, former president of the Academy of Anesthesiology, “are not only offensive but frankly stupid, because we can never be certain that our patients are asleep and wouldn’t have recall.”

Win Some Lose Big

The appeals court decision came in and shocking, no not really, I lost with regards to my medical malpractice case against the dirtbags of Harborview Medical Center.

I was not shocked nor actually distressed. As I went pro se or without a Lawyer right there I knew that was the biggest strike against me. As the system both criminal and civil are at a breaking point with pro se litigants going on their own and the attempts by many states to somehow resolve or at least assist in this effort, it is a long lonely road for one who pursues any type of justice in a system so broken one wonders if it can ever be repaired.

Eric Holder was commenting about the criminal justice system when he said “sweeping changes” must be made and that the indigent defense system needs to be improved. But it also applies to the civil area as well. The idea that there is this surplus of Lawyers who are working in secondary jobs with 6 figures of debt while those who fall in the middle incomes that do not qualify for legal aid yet need legal help is the overwhelming reason more are going pro se. And the ABA loathe such individuals and do their best to circumvent versus aid those in need. The public pro bono clinics are limited in skill set, areas of practice and oddly timed with less than 30 minutes to discuss and present the issue. They are a basically bullshit wrapped in a token thrown to the poor.

As for Judges many have written about the issues and problems facing the pro se litigant and the access to the courts but that is election speak. They are Lawyers and they have to protect their ilk and secure the monopoly.

I knew when I saw the brief by the Appellate Lawyer a largely cut and paste from the original trial lawyer who largely cut and paste his from a manual I had obtained on Medical Malpractice in Washington State that this was a bar I was not going to cross. The odds were not in my favor as less that 15% of those defined as “personal injury” cases are medical malpractice. And of those less than 80% receive any payoff. But in most cases the few that file are not always seeking compensation and that while legislators have tried to make this about tort reform, nuisance lawsuits, and the reason for high cost of medical care due to the numerous lawsuits filed that is not true.

The hurdles that are put into place protect Doctors and not Patients or the greater population. I laughed as I read the Judges decision on the issue and my favorite is the passive aggressive way they render their decision. Noting that I was alive and in “good health” as noted by the discharge summary statement but ignoring the Doctors Abstract accompanying it that said “released against medical advice.” They skipped over the needed and required documentation to support that type of release let alone the existence of any medical records that indicated to whom I was released and my own signature on any documents other than a strange un-notarized Power of Attorney. They too borrowed quite heavily from the Lawyers own original briefs and ignored much of issues I addressed in my appeals brief. Again not shocking. I knew when there was no request for oral arguments that the matter was decided and the decision came within 10 days of notice that they were debating it.. and that was over the Memorial Day weekend. So I assume that while they read their clerks notes and duly noted some history it was to be appeasing and again passive aggressive, a trait that law loves.

I loathe what Lawyers have done to America. Google the phrase “Lawyers are Douchebags” and there are few kind words to be found. They are a self masturbatory bunch whose legacy on America’s system of utter corruption and inequity is a cum stain which we can never seem to remove.

I found a site devoted to the issue of medical negligence and the facts and myths that revolve around this type of industry. It was not one resolved by Obmamcare. Irony that again a cap on med mal awards was the one bill Congress passed last session without incident. The AMA is a powerful lobby and the ABA does all the heavy lifting to protect their white collar/coated brethren.

But I tried and by God I did it without a Lawyer. Would it have ended differently without a Lawyer? No they have no interest in anything that is not about money and this was about the truth and that Lawyers have no part of. They like mythology it makes laws easier to write.

10 Facts and Myths: The Truth About Medical Negligence
Medical Negligence
March 5, 2015

How far can you go trusting your healthcare provider? How much faith do you have thinking that they can never go wrong? If you think that doctors are God-like beings who have the power to extend your life and make you well again, well then I am giving you the benefit of the doubt. If you learn that doctors are the third killers next to cancer and heart disease, would you still hold on to your belief and trust them?

If you can still confidently say yes, you trust your doctors with all these questions, then I’d happily say you are lucky and you should be very thankful whoever your healthcare providers are. Sadly not everyone have good healthcare providers and some have even experienced the worst from these people who are supposedly the ones who would make us feel better.

When you lose a loved one due to old age or terminal diseases, it can be very painful but quite acceptable. What about the loss of loved ones due to an error made by the very hands you fully entrust their lives to? There is nothing more painful to this of course, thinking that death or injury could have been prevented if only people involved have laid their heart and given their 100% and even more to their responsibility.

Medical negligence or medical error or medical malpractice does exists and has changed and even ended lives of many people and we should be aware of it. It can happen to you and me and to anyone else we hold dearly.

Medical malpractice can be defined as a deviation from what is considered to be standard care where patients are put to risk.

According to 1999 statistics there are around 98,000 of mortality in a year due to medical error and about 1,000 of medical errors or negligence take place in hospitals everyday. According to Journal of Patient Safety, today the figure may be much higher with 210,000 and 440,000 patients each year who suffer from preventable error in hospitals which contributes to their death.

1. Myth #1: Money is the prime motivation in medical negligence lawsuits.
While it is true that victims of errors can be compensated for the damages done, this is not the main reason why doctors are being sued. In fact, medical error payouts have dropped to 50% between the years 2003-2008; a figure provided by the The National Association of Insurance Commissioners.

Money is not the prime motivation for seeking medical error claims. What if you find yourself in this situation where you or any of your loved ones suffer from medical negligence? What is the first thing that comes to mind? Is it only about money? Sadly in UK alone, medical related claims are badly judged as a way of making money. This is inevitable because unfortunately, some people do lie about medical errors and blame their healthcare providers for something that can truly be accidental. Likewise, medical negligence law firms also are taking the opportunity to harvest more people to claim for any medical errors there is. It is becoming an abused system but still, we have to respect the truth that it does genuinely happen to other people.

We should not judge people straight away when it comes to medical negligence lawsuits. Everything is not all about money. When you yourself would be in this horrible situation, its justice that counts more than anything else. Even the most stone-hearted people would even want to commit their lives just to stop an irresponsible doctor or other medical practitioners harming other people. Afterall, money is nothing compared to a lost limb, a disfigured face, a life changed or a life lost. Justice is what triggers lawsuits and not necessarily claims or payouts.

2. Myth #2: Most people who file for medical malpractice lawsuits are poor.

Believe it or not but this statement is definitely wrong. Truth is, studies have shown that vulnerable people are less likely to file charges against medical malpractice. Evidence show that the less fortunate in terms of socioeconomic status have the lowest number of medical negligence claims which was reflected with a study across 51 New York hospitals conducted by The Journal of the American Medical Association entitled, “Do the poor sue more?“.

“Poor and uninsured patients are significantly less likely to sue for malpractice”-JAMA
Despite the usual assumptions we have, the poor and the indigent would not actually have the courage to file a lawsuit let alone are they bothered to start a situation that they are not comfortable with. In their world, everything is simple and they are used to leave things as it is especially when these people are in a condition where they have no confidence and consider everything to be hopeless. “The indigent are not demanding.. they are accustomed to losing… ” as Maggie May of Health Beat mentioned.

3. Myth # 3. Most medical malpractice cases are of minor injuries.

Of the many of medical errors committed each year, a study done by Harvard shows that 90% involved physical injury. Out of the physical injury medical error lawsuits filed, it revealed that most of the cases were severe; 80% resulted in significant or major disability while 26% sadly ended up to death. Only a few cases are actually considered to be classed as minor injuries.

The fact that medical malpractice cases are comprised of serious cases and even death is alarming. It is totally unacceptable to know that people’s lives are greatly affected just because of a healthcare provider’s mistake.

This goes to show that people can be forgiving. Not everyone would go to length to fight in courts or break their relationships with their healthcare providers. Whether this is right or wrong totally depends upon the injured person. Sometimes an apology is enough but in other cases, no matter how minor an injury is, more attention is needed in order to address the issue especially if you are not the only victim or if it is not the first time you experienced this with the same doctor.

4. Myth #4. Medical errors cannot be prevented.

Only a fool would claim that errors cannot be prevented. Though there are truly some instances when doctors have done their very best utilized every possible procedure to save patients, majority of errors are quite preventable. Some of the most common medical practices are surgeries on wrong person or wrong body part, wrong surgery procedure, misdiagnosis, wrong or overdose on drugs, medical tools contamination and plenty more on the list which are said to be occurring at least 40 times weekly in hospitals in the US.

As a registered nurse myself, I had my own experiences witnessing medical errors and sad to say, it does happen frequently that sometimes you even lose faith in the healthcare system itself. But for humanity, we can’t afford to give up.. The more we allow low quality healthcare, the more victims there will be. Every thing, big or small matters in the field of medicine, we handle lives of people of which we should be more responsible of.

5. Fact # 1. Doctors are the main players in committing medical malpractice.

Doctors are the main contributors to staggering medical errorsDoctors or the medical practitioners is responsible for the 80% of all adverse events in healthcare and hospitals. This is no surprising figures at all. While we all respect and admire doctors and what they do for the society, they too should be reminded how much trust every we as patient gives every time we seek for help for the betterment of our health. It is but a relief to see more and more doctors discover ground breaking medications, innovative procedures and doctors that don’t stop improving themselves through studying even while at work. It is quite a sad news though that quality of healthcare is declining with the rise among incompetent doctors. Looking at the register of doctors in my area alone, only 3 in 10 doctors are recommended by their own patients and the rest have very low ratings and surprisingly negative comments about their service..

6. Fact #2. Hospital medical errors are the third leading cause of death in the US

The Journal of Patient Safety conducted an evidenced based study on patient harm associated with hospital care and as a result of this, they estimated around 400,000+/- patients die due to medical errors every year in US. This figure comes next to heart diseases and cancer which are the top 2 main causes of death year 2013 for Americans.

Even if these numbers only apply for the US, globally, medical errors are undeniably rising. Nobody can give an exact figure as to how many cases of medical malpractice are there. Hospitals can forge reports and opt not to document the real number of cases to cover up for their reputation which did occur even here in UK with the infamous Stafford Hospital scandal. Other hospitals also try to settle the problem out of court commonly by paying the family or even worst, threatening the vulnerable victims; they do this just to protect themselves even up to the point of covering up for a murderer. Disgusting but it does happen in real life.

7. Fact #3. Money spent due to medical errors is sky rocketing
The United States spend around $260 billion every year for errors and negligence in healthcare. The Institute of Medicine reports that $130 billion of the annual budget is spent for inefficiently delivered services plus $75 billion on fraud and $55 billion on missed prevention opportunities. All these billion dollar unnecessary spending can be lowered if only healthcare providers would appreciate the importance of their responsibilities. A single case of medical error contributes a lot to the nation’s financial burden.

Also, in UK, The Guardian reported that the hospitals are ‘wasting’ £2.5 billion of the National Health Services (NHS) annual budget. Health secretary Jeremy Hunt says this amount goes to waste due poor care and medical errors; he pointed out that the challenges that the Trust (NHS) currently faces should not be a reason to compromise on quality healthcare. Yes we are aware of the pressure hospitals, directors and doctors in particular felt during these hard times but it is also ridiculous that one of the examples of medical errors cited is of drug overdose which costs £770 million for the NHS to treat the unwanted effects.

The country’s budget wherever we may live is very essential to meet the needs of its people. Healthcare is really an important need to focus on but for people to pay for the mistakes of irresponsible healthcare providers is just utterly unjust.

8. Fact #4. Only few negligent medical practitioners are charged

There is only 7.4% probability for an average American doctor to get charged of negligence and only 20% of these erring practitioners are found negligent. With the study conducted by the New England Journal of Medicine, it was found that in a year, only 1 out of 14 doctors are being sued and that only 20% of all claims end up in payouts.

It is also said that only half of the one percent of practitioners facing medical malpractice lawsuits are being seriously sanctioned by the state. We do trust and love our doctors that sometimes they are even considered as part of our families but they too should be treated like any other working professional and face consequences in the event of committing medical errors especially that in this case, it involves peoples lives

9. Fact # 4. Medical errors can be reduced with modern updated technology

Some countries still utilize the old pen and paper prescription methodA non-profit organization called Leapfrog group did a research about computerized physician order entry (CPOE). Forbes identified the lack of modern technology in hospitals as a shocking truth and one of the major reasons why medication errors occurs. How does CPOE work? It is actually a computerized way of prescribing where the authorized healthcare prescriber uses computer to enter medication orders in a system that already contains key information about the patient such as allergies, medical condition, lab values and such and sends this to the pharmacist/chemist; the computer double checks the appropriateness of the order therefore reducing errors. In this way medication errors brought by incomprehensible prescriptions, medication allergies, even wrong drugs can be minimized dramatically. To date, NHS in UK and other developed countries are slowly adapting the system; unfortunately many countries still use the old pen and paper method.

Estimated 1 million medication errors happen each year, contributing to 7,000 deaths.

There are also a lot of hospitals that still don’t have modern diagnostic machines such as magnetic resonance imaging (MRI) and even simple computerized tomography CAT scan. Some may argue that this is just too lucrative but the fact is, many victims fall into misdiagnosis just because of old and outdated practices doctors have to rely on since they really have no other choice.

If ordinary people like you and me can afford to work hard for the latest iPhone or Samsung Galaxy smartphone, then perhaps it is not too impossible for the state to keep a portion of the budget to slowly upgrade hospital technology. Afterall, we are wasting too much money in trying to correct errors rather than making the entire system and healthcare service better.

10. Fact # 5. Majority of medical malpractice results to death and irreversible damages.
Among the 75 largest counties in US, 90% of medical malpractice claims involves permanent damage and even fatalities. Lawsuits are also staggering here in UK mostly from family members of a deceased victim or of serious cases. Sad to witness almost everyday how new lives are torn apart due to medical malpractice and negligence which are highly preventable.

More and more people are aware of their rights as patients but to address the issue of medical malpractice, it is better to work on prevention, more protection for patients, and more competent healthcare providers rather than losing lives and committing more mistakes and investing too much on claims and compensations.

Injury Meet Insult

Yesterday on Al Jazeera they discussed the immense amount of pharmaceutical drugs given to Veterans to control the depression, anxiety and PTSD that combat troops suffer when they return home.

Big Pharma is currently doing studies of drugs in relation to PTSD at the University of Washington and I am sure other schools while meanwhile doing nothing about Bacteria and the antibiotic issue which is a by far bigger plague.

What is needed is mental health therapy, serious work and by that I mean both jobs and support financially and emotionally. As one who suffers from PTSD it is surreal how one feels and the isolation it causes as a result.

I had an amazing workshop with Max Storm called the Art of Breathing. He is a great advocate of the power of Yoga and Meditation in resolving the issues of daily living via methods that are less about chemicals and more about nature. It was a powerful afternoon and there is no question his book has been tantamount to restoring and rebuilding my health in a time of crisis. Truly western medicine brings “more harm” than good.

And then I found the article below with regards to the Malpractice in Veterans hospitals. This follows my own struggle to understand why Harborview Hospital here mistreated me and what I have come to realize that it is a hospital that serves the indigent, the interned and the mentally ill. So perhaps them releasing me prematurely they may have saved me. I have a long road to recover but compared to what could have happened to me I am relieved. Harborview like our Veteran hospitals is overworked and understaffed and another nasty story emerged this weekend about their failure to protect a woman from an assault by a man with a history of sexual assault and something tells me he had the infamous “admit history” as a patient admitted there at some point undoubtedly in lieu of jail. Got to keep those crime stats down at all costs, ironically by adding to them. In the front door and out the back is what defines criminal justice. People love to quote statistics as fact well numbers do lie as they come from those with vested interest in securing those lies.

So be it Veterans or Public the issue of medical care in the rising confusing that has come from the ACA continues to demonstrate we have an epidemic in this country and it is ironically by those in the position to stop said problem. Note the bonuses and salaries of those who seem to do nothing.

Physician heal thyself and while at it see what you can do about our wounded warriors.

VA’s malpractice tab: $845M in 10 years

By Josh Sweigart and Aaron Diamant

Staff Writers

The U.S. Department of Veterans Affairs paid out roughly $845 million in malpractice cases during the past 10 years — a period that has seen the agency face scrutiny for giving bonuses to medical professionals who provided or oversaw substandard care.

The payouts reached a high point in 2012, a Cox Media Group nationwide investigation found, leaving government watchdogs and members of Congress wondering if the VA is learning from its mistakes.

“The VA likes to say they’re accountable. I don’ t believe the word even exists in the VA dictionary,” said Rep. Jeff Miller, R-Florida, chairman of the House Committee on Veterans Affairs.

Cox reporters analyzed federal treasury data that found taxpayers spent more than $800 million paying 4,426 veterans and their family members who brought malpractice claims against the VA medical system since 2003. In 2012, a total of 454 financial settlements and awards added up to $98.3 million.

“This is something that has been going on for close to a decade and yet we haven’t seen major reform happen at the Department of Veterans Affairs,” said Daniel Epstein, executive director of the Washington-based group Cause of Action.

Reporters went behind the numbers to talk to families who said all that money was not worth what led to the payouts: a flag-draped casket or a brave man or woman left broken.

Their stories were wrenching: a 20-year Marine Corps veteran who went in for a tooth extraction and is now paralyzed and unable to talk; the Vietnam War veteran who died from cancer after doctors failed to note evidence in multiple X-rays over three years; the Korean War veteran who went in for a routine biopsy and bled to death without being checked on for hours.

VA officials point out that they manage one of the nation’s largest medical networks, and say the number of malpractice claims are relatively low. In 2012, the VA treated more than 6.3 million veterans and had only 1,544 claims filed.

Dr. Anupam Jena, an assistant professor at Harvard University, noted that the VA pays out on about 25 percent of claims. Meanwhile, private sector health systems pay out for about 20 percent, according to a study he participated in of 40,000 doctors published in The New England Journal of Medicine.

“Are VA doctors worse than other doctors?” he said. “No.”

But the 454 payments issued in 2012 are the second most in 10 years, eclipsed only by 462 payouts in 2008.

“It’s very apparent because of the spike in payouts that have been happening over a number of years that they’re woefully falling behind on a curve that they never should be behind in the first place,” Miller said.

‘Something should change’

The veterans’ stories often start the same.

“He trusted them all,” said Veronica Boritz. “Bill always felt that the Air Force had promised him care as he grew older, and that was where he should go, so he did.”

Bill was a retired Air Force captain who flew B-52s in Vietnam. He went to the VA medical center in nearby Atlanta with a heart arrhythmia, and underwent a laser surgery that accidently punctured his heart.

That was only the beginning. Bill was treated and released, but repeatedly went to the emergency room because of dizziness. He was placed on several medications. During his final ER visit it was discovered that his organs were failing and his heart was still bleeding. Doctors told Veronica they would do emergency surgery.

“Shortly after that I was out in the hallway and the alarms went off. And I kept telling myself it wasn’t Bill,” she said.

But it was.

“He wasn’t just somebody I knew who died. He was my whole life,” she said.

She asked for an autopsy and the hospital did an internal investigation that found he died from neglect, she said. After years of legal wrangling with the VA, she accepted a $300,000 settlment.

It doesn’t feel like justice, Boritz said. The doctor who she said made the fatal mistake was never held liable. Unlike in private practice, federal rules say she could only bring a malpractice suit against the VA, not the doctor.

“I think that seems an intrinsic right. The person who did the damage should suffer something,” she said. “Something should change. Someone should be held accountable.”

Poor performance rewarded

While being protected from malpractice lawsuits, VA doctors, nurses and administrators routinely receive pay raises and transfers the same year they are found to have provided substandard care.

A U.S. Government Accountability Office report in July found that in 2011 the VA gave performance bonuses and awards totaling $160 million to medical providers without adequately linking that extra pay to their performance.

The performance bonuses averaging $8,049 went to 18,500 medical providers – or about 80 percent of the total of eligible providers. Performance awards averaging $2,587 went to about 20 percent.

Federal auditors looked at records from VA centers in Georgia, Maine, Texas and Washington and found several examples of providers who made mistakes still getting bonuses. They included:

A radiologist who failed to read mammograms competently, but received a bonus of $8,216.

A surgeon who received $11,819 after he was suspended without pay for two weeks for leaving a surgery early.

A physician who refused to see emergency room patients in the order they were given to him, leaving some waiting more than 6 hours, but he got a $7,500 bonus.

A physician who practiced with an expired license for three months but received a $7,663 bonus.

Bonuses also went to VA hospital administrators who oversaw massive failures at their medical centers. They included:

The man who oversaw the Pittsburgh VA during a legionnaires outbreak that led to five veterans dying and 21 becoming ill, received a $62,895 service award shortly after the outbreak was revealed.

An Atlanta VA Medical Center director pocketed a $13,000 bonus in 2011 and another $17,000 worth of salary bonuses in 2010 while an audit found management problems contributed to two veterans committing suicide.

The director of the Dayton VA Medical Center received an $11,874 bonus in 2010 and was transferred to a headquarters job in 2011 following revelations that a dentist there failed to change gloves and sterilize equipment between procedures for more than a decade, putting possibly thousands of veterans at risk.

Not only are these doctors and administrators not named in malpractice suits, but the money to pay malpractice claims doesn’t even come out of the VA budget. It comes out of a federal treasury fund set aside to pay legal settlements against the government.

“They use bonuses like handing out candy at the VA,” said Rep. Miller. “You usually discipline somebody by removing them from the position that they’re in, and that’s not the VA’s modus operandi. They move them to another hospital somewhere.

“I don’t know if removing the immunity is the way to go, but certainly having them feel the pain of these settlements or these awards being given out, I think is probably the only step that’s going to make a difference.”

Tooth extraction leaves veteran paralyzed

The largest malpractice payout in 10 years was for $17.5 million. It was awarded in 2012 to a Philadelphia Marine Corps veteran left permanently paralyzed by a routine tooth extraction.

Christopher Ellison, who had served in the military for 20 years, went to the Philadelphia VA in 2007 to have several teeth removed. His blood pressure was dangerously low, but physicians went ahead with the procedure. He had a catastrophic stroke on his drive home and crashed his car two-tenths of a mile from the VA.

Home video supplied by Ellison’s family shows the extent of his brain damage. He struggles to walk, communicate, or even peel a banana on his own. He requires around-the-clock care.

“I’ve never had a client where he wouldn’t have traded the money he received to for the injury,” said Ellison’s attorney, Shanin Specter. “The injury is always worse than the benefit of the financial compensation.”

Another large payout went to J.R. Howell, who was rushed to the Memphis VA emergency room in 2006 with abdominal pain, then sent home without a proper diagnosis. A neighbor stopped by to check on him at home and found him unresponsive.

“She said, ‘Honestly I thought you were dead,’ ” he said.

He was rushed to the hospital again and ended up in a coma. When he awoke he was partially paralyzed. He was awarded $5.7 million last year.

Howell was drafted during the Vietnam War.

“We’ve seen battle. We’ve seen combat. And why do we have to come back home and fight when we come back home just to get proper medical care?” he said.

When Army veteran Thaddeus Raysor had an X-ray done at the North Florida/South Georgia Veterans Health System in August 2006, his widow said the staff failed to diagnose a 1-centimeter lesion on his left lung. They missed it again in 2007. By November 2008, it had grown to 8 centimeters, and the radiologist referred it for further evaluation.

But the studies weren’t ordered, and Raysor wasn’t told, according to his family.

By August 2009, a final X-ray showed the mass had grown to 9.5 centimeters and spread through both lungs. Raysor died Nov. 14, 2009, more than three years after his initial X-ray.

His family was awarded $875,000 last year.

VA responds

Department of Veterans Affairs officials declined to be interviewed for this story. Instead the agency issued a statement that read in part:

“VA takes this issue very seriously and Veterans Health Administration (VHA) personnel remain committed to maintaining a high level of quality care, transparency and accountability.”

Agency analyses of patient mortality and safety have found that VA medical centers outperform top health systems across the country, according to agency officials.

Unlike private sector hospitals, the VA system has a built-in process for making malpractice claims. It starts with an administrative claim that must be filed within two years of when the mistake took place. The VA has six months to offer a settlement before the claimant can take the issue to court.

U.S. Rep. Phil Gingrey, a licensed OB-GYN, expressed concern that VA doctors are largely held unaccountable because incidents are not even reported to state medical boards.

“They’re not worried about losing their medical license, or worried about their hospital privileges being suspended, or their contract to work in that facility not being renewed, which is all applicable in the private sector,” said the Georgia Republican.

The VA embraces a disclosure policy that informs patients when the hospital becomes aware of an accident, negligence or even a near miss.

Attorneys interviewed for this story said the VA’s disclosure policy likely cuts down on claims, as does the law limiting attorney fees to 20 percent of settlements or 25 percent of awards — which keeps some attorneys from taking cases. This is in addition to limits in some states on malpractice awards.

“(This) ends up hurting patients who are badly injured as a result of real malpractice,” said Niley Dorit, who represents malpractice claims in California, which also limits total malpractice awards at $250,000.

Dorit represented John Lee Mackey, an Army veteran who died in 2009 after he went into the hospital with dehydration and doctors accidentally ran a catheter into his heart.

Bleeding to death

Veterans’ family members interviewed for this story said they had to be their own advocate in asking for medical records and investigations.

“I found out by reading the reports, which were thick as a book, on the things that they didn’t do,” said Virginia Pennington, who said the Dayton VA, where her husband Charles died, did not fess up.

Charles went into the hospital because he wasn’t feeling well, and a blood test led to a liver biopsy. It seemed a routine procedure, so Virginia went home. When her phone rang the next morning, she assumed it was her husband letting her know how it went. Instead it was the hospital informing her he was dead.

“And so I didn’t get to talk to him,” she said. “Maybe if I would have been there I would have known they weren’t taking care of him, and it could be corrected at that time.”

The blood thinner the Air Force veteran was on led him to bleed to death in a hospital room where he wasn’t checked on for hours after his surgery, she said.

“The records said he was supposed to be checked every half hour,” she said, “and the records said, when we received them, that they hadn’t checked on him at all.”

Pennington settled for a $150,000 payout.

Ohio attorney Stephen O’Keefe, who specializes in VA malpractice claims, said he expects the dollar amount to rise as the VA handles a younger population returning from Afghanistan and Iraq. More money is awarded if the affected veteran is younger.

“I think you will continue to see an uptick in payouts,” O’Keefe said. “In an ideal world, I would like to see my job go away, where people don’t need an attorney to assist them when they have been injured by a physician or a nurse. But the reality is that’s never going to happen.

“When there are humans in the system there are going to be errors.”

The questions become, according to Cause of Action’s Epstein: Why are the payouts increasing, and what is the VA doing to solve the problem?

“If it’s the case that it isn’t waste, fraud and abuse of our federal dollars, it’s the (VA’s) responsibly to disclose that, and explain why.”