The trial against Dr. John McLean alleging that the cardiologist had performed a vast number of unnecessary cardiac catheterizations and stent placement surgeries is now underway. What many do not know is that there is an ongoing associated lawsuit for negligence and civil conspiracy against Peninsula Regional Medical Center (PRMC) resulting from the same allegations of unnecessary procedures, though it is moving on a different timeline. The article in the July 14 the Daily Times entitled “Stent Doc’s trial underway” does not even make mention of the lawsuit against PRMC at all and obscures the role of the hospital. I recognize it is not often that you can find a comment critical to PRMC in the “Daily Times”.
The plaintiffs in this lawsuit (Baublitz vs. Peninsula Regional Medical Center) are thirteen patients who have joined together against the medical center. The Complaint asserts as to each patient that PRMC directly and by and through its agents and employees, was negligent in the following ways: by allowing McLean to perform the medically unnecessary procedures; by failing to revoke or suspend his privileges or stopping him from using the Catheterization Lab prior to the patient's procedures; by assisting in the performance of the unnecessary procedures; and by failing to adequately monitor and supervise McLean as part of the hospital's ongoing privileges, credentialing and oversight processes. The plaintiffs also allege that the PRMC credentialing committee did not stop McLean but rather continued to extend privileges and reward him with large blocks of favorable scheduling time.
PRMC has filed a motion to dismiss this suit. One of their legal arguments was whether a nurse or technician who allegedly assisted Dr. McLean in the performance of an unnecessary procedure on another patient (not a Plaintiff) owed a duty to future, unidentified and as yet unknown patients of Dr. McLean.
In other words does a nurse or technician who participates in unnecessary stent procedures currently have the responsibility to speak up to protect future patients? This is quite ironic because I personally believe PRMC currently has a culture where staff members are reluctant to speak up about bad medical care, poor or insensitive treatment of patients or inappropriate behavior at the hospital because of a fear of intimidation or retribution. If this case moves forward to trial and the verdict is for the plaintiffs this will be quite a costly lesson for the hospital to learn. No one should ever be fearful to speak up and do the right thing.
In addition PRMC in their motion to dismiss argued that the medical center could not be held liable for credentialing decisions because of state statute granting partial immunity from civil liability to those who participate in medical review committees. PRMC reasons that, if the individuals that serve on the credentialing committee cannot be held liable, then neither can the hospital for which those individuals made the credentialing decision. In my simple mind the motion to dismiss does not appear to be based on any fact that PRMC was not involved directly in bad things but rather they appear to be simple legal maneuvering.
On August 12, 2010 William M. Nickerson (Senior United States District Judge Court for the District of Maryland) rejected the motion to dismiss. The court also rejected PRMC’s suggestion that the claims against it be severed from the claims against McLean as “premature”. This effectively clears the path for the lawsuit against PRMC to move forward. Obviously this is a very important case for the hospital. Legal experts are following this case because there are aspects of it that may set legal precedent in Maryland. The community should follow this case closely so we can be properly informed as to the true role of our local hospital in what is alleged to be some very bad activity.
Steven Rumney
Salisbury, MD
The author disclosed to '”Salisbury News “that a family member had an unsatisfactory experience with PRMC and that the author had written a letter regarding that experience to the “Daily Times”. That letter was never published. – Ed.
Ummm, yes it was published. Just sayin'. I paginated the letter. Sorry, should have asked first.
ReplyDeleteYou are exactly correct that one would fear retribution from the iron maiden Peggy. She has already managed to rid PRMC of the most experienced employees. Some replaced with folks from other contries. This enables PRMC to cut benefit cost at the expense of patient care. There are so many chiefs and so few indians. However it did cure the parking situation.
ReplyDeleteJason -
ReplyDeleteI'm not claiming that you didn't publish A letter from Mr. Rumney. However, I could not find the letter that HE sent me a copy of and stated that the DT didn't publish.
Besides, I can't believe Susan would give him 1100 words (the length of the letter we're talking about). While no one respects Susan's editorial ability more than I, I don't think even she could have gotten it below 600.
I know for a fact that PRMC prctises intimidation against their employees. They are nor permitted to speak out or they will be terminated...period. Quite often, the hospital will push them out and try to make themselves look like the victim. The practice this on a daily basis. Favortism runs rampant within those walls.
ReplyDeletePGH does have leadership and morale issues. Too many chiefs and not enough indians?
ReplyDeletei don't recall reading about this, and I'm sorry to say I do read the DT every day.
ReplyDeleteHaving worked for a respected doctor , I know that PRMC is crooked as a 3 dollor bill.
ReplyDeleteThey have replaced nurses with CNA's , who don't know anything but to change bed pans.
This establishment claims to be a "not for profit" organization.
A secret way to hide funds or profit.
It's all about the dollar not the patient.
The leadership staff is comprised of hand-me-downs from the military or other places that were glad to get rid of these butt heads.
Atlantic General is the place to go!!!
if possible, i will not go back to prmc. unclean practices; hence mrsa and other very bad staff infections that are very hard to control and get rid of.
ReplyDeletemany of the cna's that are employed there DON'T want to be there, don't like their job and cop horrible attitudes.
in the past 3 years i've had 3 major surgeries. 2 were done at prmc (loved my doctor). the last one was done at john's hopkins.
far better care at john's hopkins. if at all possible i will not go back to prmc as they have major problems there.
i have heard good reports about atlantic general as well.
For the last 30 years PRMC has put one face for the public (all the awards) and a totally opposite face to the employees (totalitarian). No one, especially, mid level management, is allowed to "think out of the damn box"; or speak their mind, or the truth as they see it. You MUST tow the line or be fired. This kind of management thinking started with Dan Akins who did a retreat for supervisory staff when he first came to town. His leading comment was look to your left then look to your right. Soon one of you will be gone if you do not go with the program. Great for morale. The other words were, we want to know what you think, speak up and let us know ways we can improve, etc. The theory was good, but the practical application was "do what we say or you will be gone!" Believe me retribution is the name of the game. There were improvements but I'm not sure they were worth the cost of good, competent, experienced, and knowledgeable employees.
ReplyDeleteMy last inpatient major surgery stay was horrific as far as patient care was concerned. This was NOT in the cardiac care unit. I have only heard good things about them.
In closing the comment about MRSA is right on target. Cannot publish name for obvious reasons.
SBYNEWS, please move this to the top of the blog so that others will see it again. I feel that this is quite an important topic for our community. I know two people who are testifying on behalf of Dr. McLean. If you do, I will share more if what I know about my personal experience as a PRMC employee. Incognito of course.
ReplyDeleteGreat topic for discussion!
ReplyDeletei have seen some of the dialog on this thread and I want to set the facts straight. The letter I attempted to get printed in The Daily Times was not about the stent trial issue but rather it was about general problems and issues with local health care. This letter was not 1100 words as has been reported, it was 306 words. As a business owner I truly understand that the paper has to balance business with journalistic integrity. However I believe my article was suppressed, not because of length (there are many other letters over 306 words) but simply because of the content.
ReplyDeleteOur son was at PMRC for 6 weeks after a auto accident. In ICU unit he received excellent care but once he was moved to PCU unit boy did things change. He was not getting proper care at all he was lying in a bed of urine. I complained but nothing was ever done if it had not been for my family and us he would have continued to lay in urine.They let him go 11 days without a bowel movement we raised cane about it finally his neurosurgeon was told then the nursing staff took care of the problem we raised cane for a week with the nurses nothing just ignored.This hospital is not set up for Brain trauma patients at all.He thrashed violently for days until he rubbed the meat off his elbows for 3 days I asked for elbow pads with broken skin and urine in the bed this could lead to a bad infection finally we threatened to call the social workers and our needs were met.This hospital is nasty and full of Mersa for the money that is charged it is a rip off they did not even bathe him properly when your son is in a coma he has no voice I was his voice I called and complained after he went to Kernan Hospital in Baltimore to Susan Mcdonald she sent me a letter saying this matter would be investigated and an apology she said they would notify us after the investigation well it is July and still have not heard a thing from her and his accident was in Febraury. I guess they just brushed it under the rug like everything else I do not reccomend this hospital to anyone.I am still upset over this that was my son and he deserved alot better.I have nothing nice say about this place.
ReplyDeleteAnon 1137 -
ReplyDeleteI can't move it to the top, but you will see that we started a new feature of putting links to top local posts in the left sidebar, right at the top.
The post @10:55 is spot on. I was there. I heard the same thing. The same Nazi mentality is still infused within the upper management of PRMC. Anyone who questions decisions made by upper management that do not seem to be in the best interest of patient care or the institution are harassed. Sometimes to the point of being fired using false accusations.
ReplyDeleteWe have an online newsletter yet we have no way of posting comments because upper management decided that to block the option. So, even though is SAYS we can post comments the NAZIs have no interest in positive or negative comments either.
I know personally that Mclean's excessive stenting and Nuclear imaging was brought to the board's attention in March of 2002.....the memo is sitting in the Radiology Director and Radiation Safety Officer's Memo. The RSO was told to shut his mouth and not to question a doctor. I also know that Mclean's "eye" condition was reported to the new RSO in 2004 and again the employee was told to shut-up and not to question the doctor. Too bad they forced certain employees to sign confidentiality when they (PRMC) fired them
ReplyDeleteI was there today. My father is in the hospital with COPD. Around 5 pm the lady that brings food around brought in his dinner. After she left my dad tried to eat his meal(which probably cost $50 to the insurance company. It was still frozen. FROZEN for pete's sake. What kind of place to you go to where they feed you frozen food. SAD SAD SAD place to go to.Its a shame they treat their patients so badly. Nurses making $30 an hour treating people like shit(excuse me). My grandfather was on the same floor in 2001(5th Floor). They left him on a bed pan for 45 minutes. How long does it take someone to go. It wasn't that he was constipated they just left him on it for 45 MINUTES. I have no respect for that facility whatsoever. They suck plain and simple. While "driving" my grandfather from his room to x-ray they orderly(or whatever they are called today) took his IV line and rather than placing it by his side threw it on his face. SICK SICK SICK. You would figure that people who get into the medical field are concerned for the well being of an individual. Well times have changed. If you have someone in the hospital at PRMC I suggest you have someone there 24/7 to make sure they are getting the care they deserve at the cost of them being there. Needless to say I hate that hospital. And hate is a strong word.
ReplyDeleteThere are now posters posted prominently stating that we should now report fraud. Yet when we report fraudulent concerns such as the case that is being tried right now we get fired or harassed.
ReplyDeleteI heard there were concerns about software that was being put in that was inferior to what we were already had. Staff working on the software know better than to rock the boat. They see what has happened to others and they do not want it to happen to them.
This bad software thing has happened more than once but upper management decisions override what is best for this institution. Even though they were told it was the wrong move. Why would they do this? You tell me. Kickbacks perhaps? Maybe then call them incentives now.
I heard that we are taking out some of the software that they put in because it will not work right. I bet it cost millions too. All of those people working on it and all of that time wasted. It is such a shame. It is too bad this hospital cannot work together as a team.
We do not know who we can trust, who is taking credit for our work, who is blaming who for something that is falling through the cracks, who is covering up for who.
Moral, what moral. Moral is such a joke here. I am sorry to say I have no respect for our leaders and until they start treating us with some respect, and dignity, how do they expect us to give it in return.
The whole mood of this institution is so dark and depressing. I can honestly say that I would not recommend us as an employer specifically because of the unethical practices our upper management model.
Daily times may not publish articles bashing prmc because maybe they feel obligated not to beings the old daily times building was bought by prmc.
ReplyDeleteAs far as treatment of employees the lower down the food chain you get there the worse it becomes and the statement there are hundreds of people out there looking for your job is rubbed in employees faces. Employees fear to speak up when they no prmc will fallow pursuit after them a couple months down the road. Firing you for something you didnt do but cant prove otherwise.
PRMC IS NO GOOD. CRAIG KOPPENHAVER,SCOTT PETERSON ARE ALL LIARS. PATIENTS BEWARETHEY DO NOT CARE ABOUT YOU OR YOUR NEEDS. ITS ALL ABOUT WHO YOU KNOW AND YOU BETTER NOT TELL IF SOMETHING IS WRONG EVEN IF IT MEANS HARM TO A PATIENT. THEY JUST DONT CARE. MY HOPE IS ONE DAY HOPKINS OR UNIVERSITY OF MD BUYS THEM OUT. PLEASE WATCH YOUR LOVED ONES CLOSE WHEN THERE ARE THERE. AND GOD BLESS THE POOR PEOPLE WHO HAVE NO ONE TO WATCH OVER THEM.
ReplyDeleteI HOPE PRMC LOOSES THE CASE WITH THOSE POOR PEOPLE WHOS LIVES WERE FOREVER CHANGED, JUST BEWARE IT COULD BE YOUR LOVED ONE. WE NEED A UNION THERE. ID LOVE TO PAY A MONTHLY DUE MAYBE THEN WE WOULD HAVE BEEN PAID MORE PER HOUR AND THE BIG SHOTS WOULDNT GET AWAY WITH ALL THEY DO. IT IS A HORRIBLE PLACE TO WORK. AND IT IS JUST GETTING WORSE. THEY SAY THEY CARE ABOUT YOU BUT THE TRUTH IS THEY COULD CARE LESS ABOUT ANYONE. GOD BLESS ALL WHO ENTER THERE. I DONT WANT MY LOVED ONES THERE. THEY LOVE STAFF WHO DONT CARE ABOUT PATIENTS TOO. THIS IS WHY WE NEED TO PROTECT OURSELVES WHEN DO THE LITTLE PEOPLE STAND UP AND HAVE SOMEONE FIGHTING FOR THEM ???? WE NEED A UNION !!!!!!!!!!!!!!!!!!!!!!!!!!!!
ReplyDeletePRMC has always been crippled by its low wage earning workforce. Nurses are reluctant to criticise the nursing assistants and unit secretaries for being lazy and insolent. When John Stevenson was president he was highly visible, walking around the hospital every day. Stevenson was friendly and approachable.Virginia Layfield and Dan AKin were also highly visible. It started going downhill with Alan Newberry--the only place he was seen was on the society pages of the paper or the Metropolitan.Naleps continues to be more inerested in being a local celebrity. Nalepa only surfaces once in a blue moon to play "nurse" for a few hours.
ReplyDeleteAwesome article.
ReplyDelete