OB-GYN-L Messages for May, 2009: Re: FRI: Another frivolous lawsuit!

Re: FRI: Another frivolous lawsuit!

From: Bruce Speyer

bruce@mail.obgyn.net

Fri May 29 17:30:32 2009

At Wed, 16 Jul 2003, DoctorJoe@aol.com wrote: >
>Glad this wasn't an OB-GYN....
>
>Joe P.
>
>--
>
>HILO, Hawaii (AP) -- A surgeon accused of inserting a piece of a
>screwdriver into a patient's spine, instead of a titanium rod, has been
>sued for malpractice.
>
>Rosalinda Iturralde, the sister of the patient who died last month, filed
>suit against Dr. Robert Ricketson. It was at least the eighth time
>Ricketson has been sued for malpractice, attorneys said.
>
>According to the suit, filed Monday, when Arturo Iturralde underwent spine
>surgery in 2001, Ricketson had already had his medical license suspended in
>Oklahoma and revoked in Texas. His license was under review in Hawaii.
>
>After the surgery began, the lawsuit claims, the doctor realized the rod he
>planned to insert was missing. The plaintiff says Ricketson used a hacksaw
>to cut a stainless steel screwdriver, then tightened it into place in the
>patient's spine.
>
>Days later, the screwdriver snapped in half and Iturralde again underwent
>surgery for its removal. A nurse who later found it in the trash notified
>the family, attorneys said.
>
>Iturralde underwent more surgeries, but eventually became a paraplegic.
>
>Rosalinda Iturralde contends her brother died June 18 at age 76 because of
>complications from the surgery.
>
>Efforts to find an address or phone number for Ricketson, 48, were
>unsuccessful. He applied for a medical license in Kansas last year, but
>later withdrew the application.
>

I will comment here...

The goal of the Plaintiff was Medtronic's finacial resources not the physician. The patient became paraplegic not in Hilo but in Honolulu due to an epidural hematoma. A tort case here would not be as "lucrative" as suing Medtronic, the State, and me. I did not perform the surgery in Honolulu. In fact, Mr. Iturralde recovered well until he fell 3 months later. The patient went to Honolulu where the epidural hematome went unrecognised for 5 days.

This was not a just a "screwdriver", simply a stainless steel shaft, commonly used in spine surgery. It was fashioned from the surgical instruments out of necessity due to his anesthesia risk and my unwillingness to keep him under for 2 more hours. He was diabetic and had severe CAD. The CABG 2 years prior had restenosed.

The Plaintiff actually "lost". Medtronic was found to have 0% liability. I "lost" but there was no question about the jury's ultimate opinion. If I am guilty for trying to prevent a complication, then so be it.

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