The Iowa Clinic admitted a pathologist mixed up tissue samples for a patient with prostate cancer and the plaintiff, Rickie Huitt, who did not have cancer. While we respect the legal process, we disagree with the jurys conclusion and will consider all available options. An interpreter was used in court. They are taking great pains not to treat any of the new doctors former patients because the terms of the doctors contracts with their old employer prohibit them from taking care of former patients for two years. Expert testimony, however, did not establish that Birusingh violated any established standard of care by failing to personally communicate with the referring physician or other colleagues. Contacting us via email does not create a patient/physician relationship. It was only later that he learned his doctor had been fired by the Iowa Clinic and planned to start a urology practice with clinic colleagues. It was the defendants' choice to use a general verdict form rather than breaking it down by individual claims, Novotny said, and so the defendants shouldn't be able to force a retrial because one component of that general verdict was invalid. If you find a healthcare provider's license has been suspended, that generally means that there has been an actionable offense. Jury reaches $97.4 million verdict in Iowa City medical - KCRG And then when she couldnt get the baby out with forceps, she used a Vacuum Extractor, which youre never supposed to do after failed forceps, said Fieger. Now, the physicians and UnityPoint are at war over a proposed set of cardiac catheterization labs, with each side claiming the other will be putting patients at risk for the sake of their bottom line. Those feedings, according to the lawsuit, caused aspiration pneumonia in her lungs. In 2018, ranked as the #1 lowest beneficiary cost ACO in the country - continue to be significantly below market in total cost of care and ER admission and readmission. Doctors and UnityPoint face off in court over - Iowa Capital Dispatch We also use third-party cookies that help us analyze and understand how you use this website. Brown, the Iowa Clinics leader, said Huitt's situationis unrelated to a lawsuit three urologists recently filed against the medical practice. Brownwouldnt comment on details of the case, includingwhat happened to the secondpatient, who actually hadprostate cancer. "Defendants will file post-trial motions on several grounds, including but not limited to, that the verdict is inconsistent, excessiveand unsupported by substantial evidence in the record," the motion states. 2023 www.desmoinesregister.com. When doctors want to move from one practice to another, if theyve got good therapeutic relationships with their patients, youd think that public policy would want them to continue to treat these patients that trust them, said Judy Conti, government affairs director at the National Employment Law Project. Unfortunately, we have yet to reach acceptable terms. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. 3, 2023 1:08 pm1d ago, Erin Murphy, Tom Barton, Caleb McCullough, Gazette-Lee Des Moines Bureau, State Government Mar. But what may be good for business is bad for patient care and certainly disquieting for those whose doctors simply disappear. Hospitals and clinics say they have little choice but to respect the terms of business agreements that others have negotiated. 23, 2022 at 6:56 PM PDT. Zaw testified that he had a copy of that document and he gave it to an interpreter, who delivered it to the front desk at the clinic. Place quotation marks around the healthcare provider's name and follow this with keywords like "malpractice," "lawsuit," "sanction," "complaint," or "suspension." Urology Center of Colorado data breach class action settlement Claim this business. Murphy said she got a letter from Pothoven announcing her departure. UnityPoint is now suing the Iowa Department of Public Health and the council, seeking not only judicial review of the councils rehearing denial, but a ruling that states the certificate of need should never have been issued. Follow Iowa Capital Dispatch on Facebook and Twitter. Jurors decided Zaw was 30% responsible, which will reduce the award. Urology Clinic | University of Iowa Hospitals & Clinics Does spotting a robin really mean spring is here? The suit wasfiled in Polk County District Court by urologists Mark Kellerman, Richard Glowacki and Kevin Birusingh. 3. Certificates of need are issued by the Iowa Department of Public Health and State Health Facilities Council as a part of a regulatory review process that requires prospective health care providers to obtain state approval before developing a new or expanded institutional health service. Another, Dr. Stephanie Pothoven, did surgery to repair her prolapsed uterus a few years ago. Most disputes are settled before they make it to court, however. She grabbed what is called forceps and tried to pull the baby out of the womb with forceps, fractured his skull, like an eggshell. This is an archived article and the information in the article may be outdated. Apr. by Clark Kauffman, Iowa Capital Dispatch August 11, 2021. Urology | Mason City Clinic Online Bill Pay Patient Portal Iowa: 641.494.5200 Toll Free: 800-622-1411 Minnesota: 507.320.7900 x Home About Us Our Team Services Patient Information Testimonials Blog Employment Opportunities Contact Us Home About Us Our Team Services Patient Information Testimonials Blog Employment Opportunities Contact Us All rights reserved. Dr. Bradley Thorgaard, 515-239-4490, is a Urologist in Ames, Iowa at McFarland Clinic, 1215 Duff Avenue. State agrees to $3.7 million in settlements for alleged UIHC "We care about the well-being of all our patients," a clinic spokeswoman wrote in an emailed statement. Caleb McCullough, Gazette-Lee Des Moines Bureau. 24/7 coverage of breaking news and live events. All rights reserved. Vasectomy appointments can be scheduled online using the link below. Turn to us when you dont know where to turn. They then check the patients electronic health record to confirm there are no messages, prescription refills or other recent contact with the new UW Health doctors and that patient at the previous job, said Kamnetz. The wrongful termination suit asks the court to declare the physicians' restrictive covenant provisions unenforceable. A urologist is a doctor who specializes in treating urinary disorders or conditions that affect the male reproductive system. Mayo Clinic reportsthat pregnancy rates after reversalsrange from 30% to 90, but the longer a patient waits, the lower the success rate. She said that led her to list the findings of cancer on the wrong patient's report. The Iowa Clinic admitted a pathologist mixed up tissue samples for a patient with prostate cancer and the plaintiff, Rickie Huitt, who did not have cancer. 'She is unable to live independently and is cared for by her daughters.. Allegations the Iowa Clinic Inappropriately Pushed Orilissa Study on POLK COUNTY, Iowa A Panora man was awarded more than $12 million by a Polk County jury on Friday after he underwent surgery by mistake. Charlie Wittmack, a lawyer at Hartung Schroeder in Des Moines, is representing Kellerman and the two other urologists who were also fired in a lawsuit against the Iowa Clinic. VIDEO: News headlines today: Mar. Although hospital-based cardiac catheterization is currently offered in Des Moines at MercyOne, Iowa Methodist Medical Center and the Iowa Lutheran hospitals, the doctors at The Iowa Clinic argued that cardiac catheterization performed at their West Des Moines clinic or a similar surgical center, rather than a hospital, would serve patients more effectively and at a lower cost. Skip to content. Iowa man's mistaken vasectomy case sent back to court for new trial Ureteral injury malpractice compensation highest in cases - Mayo Clinic AnIowa Clinic spokeswomanin an email pinnedthe blame squarely on Birusingh. Also Monday: Judge says feds can't require COVID vaccine for health care workers in Iowa, 9 other states, The Iowa Clinic also argued the informed consent claim should have been dismissed, and the appellate court agreed that a defense expert witness misstated the law when he stated that "the standard is making sure that the patient understands (what procedure they're agreeing to).". Published: Mar. According to the Des Moines Register, Huitt asked for $15 million in damages. Website. Accepting New Patients. Fired Iowa Clinic urologists say patients are prevented from seeing them, a lawsuit three urologists recently filed, Your California Privacy Rights / Privacy Policy. But the January 2016 surgery instead ended the man's ability to reproduce. Iowas congressional candidates answer questions on, Restaurant inspection update: Sewage, rodent carcasses, mold, now suing the Iowa Department of Public Health and the council. In a general verdict, the jury concluded both that Dr. Birusingh was negligent and caused damage to Zaw and that Zaw was negligent or failed to mitigate his damages. 3, 2023 6:39 pm22h ago, State Government Mar. Besides, Harding says, it was up toBirusingh to make sure that the Myanmar native understood the procedure he was undergoing. Last December, the council voted 3-1 to approve surgical centers application, noting that the Centers for Medicare and Medicaid Services has recognized that low-risk cardiac catheterization procedures can be performed safely in an ambulatory surgery center, resulting in lower costs and improved patient convenience. "And Dr. Birusingh and the people that he was working with over at the Iowa Clinic just didn't really care.". Youre in good hands no matter what issue youre facing. Flummoxed, he solved his immediate problem by taking leftover antibiotics he had in his medicine cabinet. 200 Hawkins Drive Iowa City, IA 52242 United States. A recent report by the Trump administration evaluating how to promote choice and competition in health care recommended that states examine noncompete agreements for their effect on patients access to care and the supply of providers. In a deposition [] 2023 www.desmoinesregister.com. After a 2019 trial, a jury awarded Zaw about $1.4 million from the clinic. montana frost depth map; Hola mundo! UIHC disputed that assertion in court documents, reporting, 'surgical removal versus observation were discussed with the patient, and she elected to proceed with surgery after the risks associated with the surgery were discussed., The family accused the doctor of failing to treat a preoperative positive Staphylococcus aureus test with antibiotics before surgery 'to eliminate the colonized pathogen and reduce the risk of infection during the procedure.. Prostate cancer surgery performed on wrong patient in Iowa Clinic mix-up The clinic is continuing to recruit physicians and advanced practice providers like nurse practitioners. Jury reaches $97.4 million verdict in Iowa City medical malpractice case, Insect found outside Arkansas Walmart identified as Jurassic-era insect, First Alert Forecast: Saturday evening, March 4, Community Music Day celebrated in Cedar Rapids, University of Iowa hosts 'Kids Go STEM' event to highlight potential careers, Group of Linn-Mar parents speak out against proposed library law. The doctors' lawsuit claims their terminations stemmed from their efforts to improve services and address staffing and financial issues in the department. 28, 2021 7:50 am614d ago, The Gazette Business News Mar. Dr. Steven P. Thoma, MD - Urology Specialists | Mason City Clinic "If you create the problem, you should not get to benefit from the problem you create," he said. Whether noncompete clauses are binding in health care especially when patient care is disrupted is a point legal scholars debate. Patients get frustrated, but what they may not understand is that this is a legal thing that we have to abide by, she said. Courts may weigh whether enforcing a noncompete clause would create a physician shortage in a particular region or specialty. As such, the district court was wrong to instruct the jury it could find Dr. Birusingh liable for medical negligence under the theory of negligent communication. And we find the court erred in its ruling denying Dr. Birusingh and The Iowa Clinics motion for JNOV on this theory of negligence, explaining that no expert testified as to what steps a prudent doctor would take in talking to or meeting with his or her staff or coworkers before meeting with a patient or performing a procedure. Arora and Assouline-Dayan are not currently listed as UIHC physicians. 'Physically, Ardeth is off-balance due to her vision problems, and sometimes falls as a result. iowa clinic urology lawsuit . The lawsuit says there were ample signs a cesarean section was necessary at the time of the birth in 2018, but Dr. Jill Goodman continued with vaginal birth, where the baby didnt get enough oxygen to his brain and suffered a skull fracture. "Because Mr. Zaw Zaw does not speak English, both written informed consents and each of the four consultations were translated by two separate interpreters,"Wittmack said. We understand that trust is earned every day.". Directions. This category only includes cookies that ensures basic functionalities and security features of the website. The urologists believe they can make more money elsewhere, and they dont want to be held to any contractual responsibilities, he said. These cookies do not store any personal information. Huitts urologist, Carl Meyer, read the pathologists erroneous report and told Huitt he had a serious case of prostate cancer, the lawsuit says. Dr. Birusingh and The Iowa Clinic assert that even if Zaw proved he was unaware of the vasectomy until after Dr. Birusingh performed it, Zaw did not establish that lack of knowledge was due to Dr. Birusinghs failure to disclose material information, so his claim fails., However, the Iowa Appellate Court further ruled: There were also questions raised about Dr. Birusinghs physical examination of Zaw and whether it was rushed. The applications for certificates are reviewed by IDPH staff and the council to ensure that an existing medical need in the community will be met by the proposed project. Our longstanding practice and tenured physicians are a testament to the urological care we provide. Charlie Wittmack, an attorney for Birusingh, said in a written statement that "it is undisputed that Mr. Zaw Zaw signed two written informed consents and completed four consultations prior to having the vasectomy performed. 25 of the Best Urologists in Iowa, US | MediFind In general, to be enforceable, the agreements must be reasonable and narrowly drawn so that they protect an employers legitimate business interest but dont unduly restrict a doctors ability to make a living. Vasectomy appointments can be scheduled online using the link below. (Photo by Sean Gallup/Getty Images). The Iowa Clinic is a large medical practice that includes many of central Iowas medical specialists. The American Medical Association, which represents doctors, doesnt oppose restrictive covenants outright, although its policy notes they can limit patients choices. iowa clinic urology lawsuit William Morris covers courts for the Des Moines Register. He has won numerous state and national awards for reporting and editorial writing. Do an online search. He saidthe Iowa Clinics board fired the three urologists after learning they planned to split off and form a new practice. The pathologist, Joy Trueblood, incorrectly reported which man's prostate gland was cancerous, the lawsuit says. Stay up to date with the more relevant news and education from Urology Center of Iowa. Education Explore opportunities for medical students, residents, fellows, and continuing education. Why didnt you catch it this time? Huitts lawyer asked her, according to the transcript. The Urology Center of Colorado (TUCC) agreed to a class action settlement to resolve claims it was responsible for a 2021 data breach. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Yes, she replied. Huitt's lawsuit against the Iowa Clinic and Trueblood was filed in Polk County District Court in 2017 and is tentatively scheduled to go to trial April 1. Published by on 30 junio, 2022 All rights reserved. If you are experiencing a medical emergency, do not contact us either via phone or email but instead call 911. 911 lone star season 1 episode 1 watch online. The University of Iowa Department of Urology provides comprehensive evaluation and treatment in the clinic setting as well as surgical interventions for all urologic and male reproductive system diseases and disorders. The final UI malpractice settlement Iowa's Board of Appeals considered Monday recommended a $700,000 UI Physicians payment to the daughters of Ardeth Wray, of Lisbon. The Iowa Clinic is owned by about 140 physicians and includes many of the Des Moines area's medical specialists. Free and independent journalism is what keeps our public servants accountable and responsive to the people. 1, 2021 3:52 pm611d ago, Caleb McCullough Health Care and Medicine Jun. The suit says the Iowa Clinic has invoked a one-year non-compete clause in the doctors' contracts to prevent them from practicing in the Des Moines area, which has a shortage of such. Dr. Birusingh and The Iowa Clinic filed an appeal. But a physician's assistant claimed Zaw was fluent in English and mentioned getting a vasectomy, Harding said. About Iowa Clinic: #1 in Des Moines Metro and top 3 in the state according to Wellmark, utilizing their internal measurement of quality and outcomes. The same occurred at the second appointment, at which Dr. Birusingh performed a vasectomynot a circumcisionon Zaw. Brownsaid in an interview the legal fight stems from a business disagreement, not any issues with patient care. He was awarded a $2 million judgment, court records show. His urologist, Dr. Kevin Birusingh, however, was told Zaw wanted a vasectomy. Noncompetes are good for the patients because they help to provide stability within a practice and ensure continuity of care, Brown said recently in an email. Brown said the clinic is hiring other urologists, either temporarily or permanently, and has added nurse practitioners and physician assistants to help handle patients. The Iowa Clinic. Urology Department - Des Moines, Iowa | The Iowa Clinic All rights reserved. But the case can still go back to trial because no expert testimony is needed to establish medical malpractice if"the lack of care is so obvious it is within comprehension of a layperson," Greer wrote. Urology SCHEDULE ONLINE Call to Schedule: 515.875.9800 Get Care Services and Treatments Patient Information Physicians & Providers Locations Blog Articles Patient Information Preparation for urology procedures is dependent on the procedure performed. But on Friday, after this story first published, she released the following statement: "In 2017, one of our patients underwent unnecessary surgery because his normal pathology result was not correctly entered into his medical chart. Moreover, documents from the doctor who referred Zaw to the Iowa Clinic show he was seeking a circumcision, Harding said. iowa clinic urology lawsuit 13, 2019, 6:35 a.m. WHO-HD Channel 13 News covered a troubling report concerning a Central Iowa medical practice called. The Iowa Clinic - West Des Moines - Yelp Trueblood declined to comment via Iowa ClinicspokeswomanAmy Hilmes. Urology | University of Iowa Hospitals & Clinics The miscommunication was not discovered at several subsequent consultations, despite assistance from interpreters, and Zaw did not realize until after the procedure that he would no longer be able to have children. Urology Center of Iowa 1350 Des Moines St Ste 100 Des Moines, IA 50309 Urinary Conditions, Urinary Calculi & Removal, and More Telehealth services available Make an Appointment Show Phone Number ShareSave Telehealth services available Click to Call OverviewRatings 19 About MeInsuranceLocationsHospitalsCompare Compare with other Urology Specialists When you call 1-319-356-2421 we'll help you find a provider who meets your needs. Mr. Zaw Zaw also informed a separate physicians assistant that he had scheduled the vasectomy in the days before it was performed.". Trueblood said in the deposition that the scanner glitch hadhappened a few previous times during the thousands of cases she'd handled over about 10 years, but she had caught the previous errors. If you or a loved one may have been harmed as a result of medical negligence in Iowa or in another U.S. state, you should promptly find an Iowa medical malpractice lawyer or a medical malpractice lawyer in your state who may investigate your medical negligence claim for you and represent you or your loved one in a medical malpractice case, if appropriate. The suit says Huitt's urologist. Failing to clearly communicate what surgery one is about to perform, she said, qualifies. This offensive notion obscures (UnityPoints) obvious focus on its bottom line rather than what is best for patients The council recognized The Iowa Clinics project would permit Iowa to get with the times rather than wait for years to pass, depriving patients of an ambulatory surgical center option for no good reason., Lawyers for UnityPoint countered that the proposed facility would be the first in Iowa to perform these procedures outside of a hospital facility and thus lacking 24-hour, 7-days-per-week availability. UIHC practitioners Sumant Arora and Yehudith Assouline-Dayan on Nov. 29 - along with staff under their direction - examined the patient's esophagus, stomach and small intestine and placed a feeding tube. A central Iowa man underwent debilitating surgery for prostate cancer only to learn he didnt really have cancer, his lawsuit says. We have a team of urologists specializing in the diagnosis and treatment of diseases of the urinary tract and urogenital system. Attorney Ben Novotny, who represented Zaw in the case, disagrees, and said Zaw will ask the Iowa Supreme Court to review the decision. 19, 2019. Half of that million would come from the state's general fund and the other half would come from UI Physicians, the multi-specialty medical and surgical group that represents more than 1,000 UI physicians in 19 clinical departments. Continuity of care is important, doctors say, especially for patients with ongoing medical issues. Zaw, who came to the U.S. as a refugeefour years ago, was referred to the Iowa Clinic for a "routine and ritual malecircumcision" in December 2015, according to the lawsuit filed by Harding. For patients in central Iowa, the departures of longtime urologists at the Iowa Clinic is dizzying.