Iowa man awarded $12 million after clinic misdiagnoses - Fox News Cutting off access to a doctor is different from disrupting someones relationship with a favorite hairstylist or money manager, they say. 19, 2019. Site by Spinutech. Viewing the evidence in the light most favorable to the nonmoving parties, substantial evidence supported a finding Dr. Birusingh violated his duty in disclosing the procedure to Zaw. Following a multi-day jury trial, an Iowa medical malpractice jury was instructed to consider whether Dr. Birusingh was negligent in his communication with Zaw or in failing to obtain informed consent from Zaw. Whether noncompete clauses are binding in health care especially when patient care is disrupted is a point legal scholars debate. Several states, including Massachusetts and Colorado, that allow noncompete clauses in employment contracts generally wont enforce them against doctors, according to Clarks analysis. The department is a part of The Iowa Clinic, which serves more than 400,000 patients each year. When Don Cue called his longtime urologist in Des Moines to get an appointment, the receptionist said the doctor no longer practiced there and would not explain why or where he had gone. The Urology Center of Colorado (TUCC) agreed to a class action settlement to resolve claims it was responsible for a 2021 data breach. She grabbed what is called forceps and tried to pull the baby out of the womb with forceps, fractured his skull, like an eggshell. Brown said the clinic is hiring other urologists, either temporarily or permanently, and has added nurse practitioners and physician assistants to help handle patients. Case remains on track for 2024 trial. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Urology Clinic. Ive got it etched in my brain to find out where they went, she said. Your subscription makes work like this possible. "It is legally incorrect to state that when a patient does not understand the procedure, the doctor has automatically breached the standard of care," Greer wrote, pointing to past cases that hold that a physician must make a "reasonable effort," whether or not they are understood. UW Health, the health care system for the University of Wisconsin-Madison, recently hired three primary care doctors who had worked across town, said Dr. Sandra Kamnetz, vice chairwoman of clinical care for the Department of Family Medicine and Community Health at the University of Wisconsins School of Medicine and Public Health. I dont have any idea, the pathologist replied. LANGUAGETECH was found to have no liability. Research We're home to clinical and basic science research with programs focusing on prostate cancer and chronic pelvic pain. A court verdict formlists Iowa Clinic as a defendant in the case, but the organization's name does not appear in any of the eight questions answered by jurors about blamein the case. In a deposition [] Request an Appointment For requests: 1-800-777-8442 Show additional numbers Refer a Patient Iowa Appellate Court Orders New Trial For Doctor Who Performed Urology Services West Burlington, IA | Experienced Urologists Leading the advancement of urologic education, research, and clinical care. 2023 www.desmoinesregister.com. Urology SCHEDULE ONLINE Call to Schedule: 515.875.9800 Get Care Services and Treatments Patient Information Physicians & Providers Locations Blog Articles Urology Physicians & Providers Find an expert, board-certified urologist near you. The physicians of The Iowa Clinic have privileges at both central Iowa hospital system, UnityPoint Health and MercyOne. The mistake is confirmed by the Royal Liverpool University Hospital and Patrick Jones (@Patrick_E_Jones) confirms this isn't as rare as you'd think. Urologic diseases and disorders include: Abnormalities of urologic organs Cancers of the bladder, kidney, penis, prostate, testicles, and urethra The lawsuit from the three fired doctors contends their patients were handled in an outrageous and wholly unnecessary way. Looking for the best urologist in Iowa, US? for a circumcision. Services We Offer Mason City Clinic is the first choice for comprehensive care Bariatrics Cardiac and Thoracic Surgery Cardiology Cornerstone Physical Therapy ENT and Allergy General Surgery Gastroenterology Hand Therapy Infectious Diseases Interventional Pain Management Neurology Orthopedics Plastic Surgery Podiatry Psychiatry Radiology / Imaging A Polk Countyjury last spring awarded a Panora man more than $12 million after he underwent debilitating prostate cancer surgery before learning he didn't have cancer. The verdict will be split evenly between the doctors office and Mercy Iowa City: $42 million for future medical or care expenses, $11.6 million for loss of future earnings, and $20 million each for pain and suffering and loss of function of the mind and or body. 3. "We care about the well-being of all our patients," a clinic spokeswoman wrote in an emailed statement. 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. Every day, innocent people are hurt, both physically and financially, due to the negligence and deceptive business practices of corporations and large institutions. Emailing us via this page is not an encrypted means of communication with our practice. Request an Appointment For Urology related requests: 1-319-356-2421 Show additional numbers Refer a Patient Find a Provider Take our Men's Health Assessment Wray, according to the daughters' June 2018 lawsuit, was a healthy 74-year-old when UI physician Jeremy Greenlee in 2015 diagnosed her with a non-cancerous tumor in the lining of her brain. iowa clinic urology lawsuit All other urology appointments can be made by calling the listed Clinic number. "They strenuously and repeatedly objected to the jury being instructed as to the two separate theories of medical negligence," Greer wrote, adding the clinic had been "forced to choose the lesser of the prejudicial choices once the district court incorrectly ruled against them" by allowing the incorrect theory of negligence to go before the jury. 'Post procedure X-rays were not performed to confirm placement and discover this improper placement. The Iowa Clinic provides the bulk of urology services in the Des Moines area, including procedures performed at the UnityPoint and Mercy hospitals. "However its determined, whether its here or at the Supreme Court, well live with the courts decision, well retry the case, and well ask for more money," he said. The circumcision was done at a differently facility, his attorney said. Kaiser Health News is a nonprofit news service covering health issues. See reviews Hospital Satisfaction These cookies do not store any personal information. Advertisement. Jurors awarded Zaw $2 million, or about $1.4 million after accounting for the fault assigned to Zaw. The defendants, including both the Iowa Clinic and Birusingh, have filed a motion in court to stay the verdict. 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. 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. And, under the terms of their contract with their former employer, the doctors were banned for a year from practicing within 35 miles of the clinic and from recruiting former patients to follow them. Flummoxed, he solved his immediate problem by taking leftover antibiotics he had in his medicine cabinet. "If you create the problem, you should not get to benefit from the problem you create," he said. Comments: (319) 339-3158; vanessa.miller@thegazette.com, Trish Mehaffey Crime and Courts Sep. 12, 2021 10:48 am538d ago, Gage Miskimen Health Care and Medicine Jul. 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. AnIowa Clinic spokeswomanin an email pinnedthe blame squarely on Birusingh. 2023 www.desmoinesregister.com. They are also subject to noncompete restrictions. Harding said Iowa Clinic officials have alsoblamed Zawfor undergoing the vasectomyor not stopping the procedure. Urology Center of Colorado data breach class action settlement Patient Information - The Iowa Clinic Previously: Iowa jury awards more than $1 million to man who thought he was getting a circumcision but got a vasectomy instead, Through attorneys at The Finley Law Firm, both Birusingh and his former employer praised the decision. The appellate court addressed that issue in a footnote, saying that Birusingh and the clinic did not "invite this error.". We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Find a Urologist Near Des Moines | The Iowa Clinic IOWA CITY - The state has agreed to settle three University of Iowa Hospitals and Clinics malpractice lawsuits by paying $3.7 million to three families, including one involving a Marion woman. Iowa Man Awarded $12.25 Million from Iowa Clinic After - WHO 13 Zaw filed an Iowa medical malpractice lawsuit, alleging Dr. Birusingh was medically negligent and The Iowa Clinic, as Dr. Birusinghs employer, was vicariously liable for the doctors actions. 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 3, 2023 3:40 pm1d ago, On Iowa Politics Mar. Somehow they lost sight of patient care and were more concerned about the bottom line, she said. 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. The Iowa Clinic by the Numbers 250 Healthcare Providers Find a Doctor 40 Specialties Offered See Services 5 Star Experience Learn More #1 Quality Learn More Praise From Our Patients I do all my healthcare with The Iowa Clinic's as well as my spouse. The pathologistsaid a barcode scanner usedto match test slides with patient records apparently read the bar code from the wrong patients form in a stack of papers, according to a transcript of herdeposition. Attorney Ben Novotny, who represented Zaw in the case, disagrees, and said Zaw will ask the Iowa Supreme Court to review the decision. 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. Even when longtime patients go sleuthing to find their doctors new offices, they may not be accepted into those practices. University of Iowa professor's lawsuit against peer trimmed after In 2019, UIHC employees alleged that managers didn't pay overtime, bonuses, or accrued leave as fast as state and federal laws require. June 14, 2022. We understand that trust is earned every day.". Because the jury form combined both claims into a general finding of "medical negligence," it's impossible to say whether the incorrect negligence argument would have changed the verdict, and the only solution is a new trial, the court said. Attorneys at Finley Law Firm, which is representing the defendants, did not respond to a request for comment. For patients in central Iowa, the departures of longtime urologists at the Iowa Clinic is dizzying. The suit cites a national report showing Iowa has the sixth-lowest supply of urologists per capita. Dr. Stephanie Pothoven, DO, Urology Specialist - Sharecare Here's how to schedule your procedure: 1. All Rights Reserved. Failing to clearly communicate what surgery one is about to perform, she said, qualifies. Brown, the clinic CEO, said the urology department has replaced four of the eight urologists and has nine nurse practitioners or physician assistants to treat patients. 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. Men's Health | University of Iowa Hospitals & Clinics The Iowa Clinic is owned by about 140 physicians and includes many of the Des Moines area's medical specialists. Dr. Steven P. Thoma, MD - Urology Specialists | Mason City Clinic Its mind-boggling, Shanks said. In its opinion filed on November 23, 2021, the Court of Appeals of Iowa (Iowa Appellate Court) held in an Iowa medical malpractice case where the non-English-speaking plaintiff alleged that the defendants performed a vasectomy on him instead of the intended circumcision, that several errors had been committed at the trial level and therefore remanded for a new trial. UIHC settles $15 million lawsuit with employees - The Daily Iowan Noncompete clauses common in many commercial sectors aim to stop physicians or other health care professionals from taking patients with them if they move to a competing practice nearby or start their own. Medical board rules take it a step further. 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. 200 Hawkins Drive Iowa City, IA 52242 United States. Obstetric and Gynecologic Associates of Iowa City and Coralville legal team also released a statement saying: While we have great respect for the legal process, we are disappointed in the jurys finding. 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. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Urology | University of Iowa Hospitals & Clinics Get exclusive subscriber content and more at DesMoinesRegister.com/Deal. 'Despite noting no neurological defects, Ardeth's age, lack of documented growth, and lack of cerebral edema, Dr. Greenlee recommended surgical removal, according to the lawsuit. Specialties. But what may be good for business is bad for patient care and certainly disquieting for those whose doctors simply disappear. mattel masters of the universe: revelation. 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. Read More . brookline apartments pittsburgh upenn email after graduation iowa clinic urology lawsuit. The wrongful termination suit asks the court to declare the physicians' restrictive covenant provisions unenforceable. 28, 2021 7:50 am614d ago, The Gazette Business News Mar. Dr. Steven Rosenberg, MD | Urbandale, IA | Urology | Vitals Brown, the Iowa Clinics leader, said Huitt's situationis unrelated to a lawsuit three urologists recently filed against the medical practice. He said the Iowa Clinic should waive the non-compete clauses, allowing the three specialists to resume work. Most disputes are settled before they make it to court, however. EZDoctor Physician Report | Has My Doctor Been Sued for Malpractice Skip to content. Follow the Register on Facebook and Twitter for more news. Eine andere -Site. This material may not be published, broadcast, rewritten, or redistributed. This is an archived article and the information in the article may be outdated. Patient Leon Shearer underwent prostate-cancer surgery by Glowacki in 2017 and was continuing to see the doctor for follow-up care. 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. Please call the location that best suits your needs: Call Clive Broadlawns Clinic 2. The Iowa Clinic - Urology. 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. The three who are suing were among about 140 partners, who are part-owners of the business. "And Dr. Birusingh and the people that he was working with over at the Iowa Clinic just didn't really care.". You will begin to receive ourDaily News updates. IOWA CITY, Iowa (KCRG) - A jurys verdict for an Iowa family, the Kromphardts, is the largest in state history when it comes to medical malpractice cases. 24/7 coverage of breaking news and live events. Explore our Services & Treatments >, From non-invasive in-office procedures to advanced surgeries, our physicians maintain knowledge of all cutting-edge procedures. The five other Iowa Clinic urologists who have submitted their resignations areBrian Gallagher, McCabe Kenny, Stephanie Pothoven, Ryan Schulte andTrevor Wild,their attorney,Paul Drey, confirmed to the Register. Support local journalism. The suit says Huitt's urologist. Dr. Richard Glowacki, MD - Urology Specialist in Des Moines, IA 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. Turn on desktop notifications for breaking stories about interest? Five other urologists have submitted resignations from the Iowa Clinic, which dominates that medical specialty in central Iowa. Urologists in Des Moines. On Nov. 23, however, the Iowa Court of Appeals remanded the case for a new trial, finding that one of Zaw's two major theories of liability was not supported by the evidence. The Iowa Clinic Urology Department specializes in the diagnosis and treatment of the urogenital system and urinary tract diseases. A non-English speaker who got a vasectomy he hadn't asked for will have to argue his case at trial a second time, the Iowa Court of Appeals has ruled. This category only includes cookies that ensures basic functionalities and security features of the website. Wittmack said the controversy there was tragic for patients. (Photo by Sean Gallup/Getty Images). If you find a healthcare provider's license has been suspended, that generally means that there has been an actionable offense. Arora and Assouline-Dayan are not currently listed as UIHC physicians. He said in an interview that because of the Iowa Clinic dispute, it took two extra months for him to reschedule a follow-up appointment. "I think it came across to the jury that he was just devastated by what had happened here," Zaw's lawyer, Marc Harding, saidThursday. iowa clinic urology lawsuit - si2021.gtlanding.com 1717 West Ridgeway Avenue, Waterloo, IA 50701 (Map) 319-233-0340: Physicians who specialize in caring for those with pelvic floor disorders include both urogynecologists and urologic surgeons. 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. An interpreter was used in court. The jury found Birusingh was 70% at fault in the case, according to the verdict form filled out by the jury foreperson. Post author: Post published: June 29, 2022; Post category: fencing federation; Post comments: . October 16, 2022. Iowa Clinic Urology Ankeny Campus 1410 SW Tradition Dr Ste 225 Ankeny, IA, 50023 Tel: (515) 875-9800 Visit Website Mon9:00 am - 5:00 pm Tue9:00 am - 5:00 pm Wed9:00 am - 5:00 pm Thu9:00 am -. 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. They say in their lawsuit that in a typicalweek, they saw a total of about 225 patientsand performed 30 to 40 surgeries. Prostate cancer surgery performed on wrong patient in Iowa Clinic mix-up Our longstanding practice and tenured physicians are a testament to the urological care we provide. The Iowa Clinic - West Des Moines - Yelp Unfortunately, we have yet to reach acceptable terms. About six months later, Zaw was referred by his primary care physician to The Iowa Clinic, P.C. 'As a result of the improper tube placement, Sharon's feedings entered her lungs, causing aspiration pneumonia and later, death, according to the lawsuit, citing expert confirmation 'breach of the standard of care was the probable cause of Sharon's aspiration pneumonia, and ultimately, her death.. The Iowa Clinic is the largest physician-owned, multispecialty group in central Iowa with more than 250 doctors and health care providers practicing in more than 40 specialties and handling an average of 650,000 patient visits per year. For the past 25 years, the physicians who make up The Iowa Clinic and the hospital network known as UnityPoint Health-Des Moines have enjoyed a partnership that has resulted The Iowa Clinics cardiologists practicing at UnityPoint facilities, including Iowa Methodist Medical Center, Iowa Lutheran Hospital and Methodist West. Continuity of care is important, doctors say, especially for patients with ongoing medical issues. State agrees to $3.7 million in settlements for alleged UIHC 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).". The suit says Huitt's urologist initially had a tissue sample of his prostate checked after a blood screening test suggested he may have cancer. The lawsuit also accused UI physicians of improperly diagnosing and treating conditions that resulted from the back surgery, 'with results including but not limited to Robert Davis becoming a paraplegic, according to the lawsuit. Hilmes initially said patient-privacy laws prevented her from commenting any further on the situation. 3, 2023 9:56 am1d ago. The state Board of regents has agreed to pay $15 million to settle a class action lawsuit with $11 million going to former and current employees from University of Iowa Hospitals and Clinics. Dr. Birusingh and The Iowa Clinic filed an appeal. 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. Further, he added, noncompetes protect physicians by ensuring that other physicians in the practice are committed to the same agreement and cant abandon it without proper notice. Iowa's Attorney General's Office on Dec. 1 recommended the State Appeal Board approve a $2 million settlement with the family of Sharon Roseann Wiese, who died Dec. 9, 2017, of a pneumonia that experts say caused her death. "What Dr. Birusingh said (in testimony) was, 'I never saw it. The Iowa Clinic is a large medical practice that includes many of central Iowas medical specialists. Urology Services - Urology Center of Iowa That child has brain damage and the lawsuit says will need round-the-clock care for the rest of his life. The Iowa Clinics staff includes about 160 physicians, Brown said. The Iowa Clinic's West Des Moines Campus. The lawsuit accuses UIHC of failing to obtain 'informed consent before performing back surgery on Robert Davis in February 2015. 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All rights reserved. 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. 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 iowa clinic urology lawsuit.