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The Operation Was a Success But the Patient Died!(Brief Article)

Medical Law's Regan Report

| December 01, 2000 | Tammelleo, A. David | COPYRIGHT 2000 Medical Law Publishing. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

CAN A CARDIOLOGIST PERFORM CORONARY BYPASS SURGERY WITHOUT A DUTY TO FOLLOW UP ON HIS PATIENT? That was just one of the issues with which the Alabama courts were confronted in this case. By-pass surgery was successful. However, when the patient was transferred to a rehabilitation facility, her surgical wound became infected. Despite several calls by physicians at the rehabilitation facility to several surgical team residents, no one followed up on the patient after a visit by one team member.

MARGARET HICKS UNDERWENT A CORONARY ARTERY BYPASS AT UNIVERSITY OF ALABAMA, BIRMINGHAM (UAB) HOSPITAL ON AUGUST 30, 1996. Her surgeon was Dr. Albert Pacifico, who routinely performed the procedure. Dr. Pacifico was assisted by his cardiovascular-surgery team, consisting of Dr. Chris Akins, chief resident; Dr. Don Cleveland, junior cardiac resident; and Dr. Rosentsteel, general-surgery resident. The surgery was successful. On September 4, 1996, the patient was discharged from the hospital. Due to her age and frailty, she was sent to Spain Rehabilitation Center (Spain Rehab) for cardiac rehabilitation. When transferred, the patient was clinically and medically stable. Although the patient had been discharged from UAB Hospital, Dr. Pacifico was not "through with her care." He was available to see her at Spain Rehab, if called. At Spain Rehab, the patient was placed under the care of Drs. Christopher Kim and Chi-Tsou Huang. On September 6, the patient's body temperature was 103.8 degrees; she had an elevated white cell count of 14,800. On September 7, Dr. Rosensteel went to Spain Rehab and examined the patient. Dr. Rosensteel's note states: "If patient's condition decompensates, will come evaluate the patient." The following day, the white cell count rose to 16,800. Dr. Huang suspected an infection. A note on the patient's chart, dated September 15, stated: "The sternal wound drains yellowish, turbid discharge quite a lot. CV [cardiovascular team] is aware of it." The next day, doctors at Spain Rehab removed the sternal staples from the patient's chest and pus gushed out. Dr. Huang instructed Dr. Kim to call Dr. Pacifico's team and advise them of the wound status. When Dr. Kim telephoned, he spoke with one of Dr. Pacifico's residents, who advised him that "a member of Dr. Pacifico's team would come to see the patient." On September 17, Dr. Huang ...

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