Supreme Court Declines to Hear Case Involving Nurse Anesthetist Malpractice

ProRealDoc · Jul 2, 2011

This is not good PR for military healthcare/

http://www.asahq.org/For-Members/Ad...-Involving-Nurse-Anesthetist-Malpractice.aspx

http://abclocal.go.com/kgo/video?id=7463918

Monday, June 27, 2011

On Monday, June 27, the Supreme Court declined to hear a case, "Witt, Alexis v United States," involving malpractice by a military nurse anesthetist that resulted in the death of a U.S. Air Force Airman. The case involved a challenge to the "Feres Doctrine" which prohibits active duty members of the military from suing the federal government for health care liability issues. By declining to hear the case, the Supreme Court upheld the "Feres Doctrine."

Airman Dean Witt presented at David Grant U.S. Air Force Medical Center in Fairfield, CA, with acute appendicitis. Following a successful appendectomy, Witt experienced breathing complications. While attempting to address the complications, a nurse anesthetist improperly intubated Witt placing the breathing tube into his esophagus instead of his trachea. Witt suffered brain damage and subsequently died.
Witts family filed suit in the 9th Circuit Federal Court in San Francisco. The court affirmed the "Feres Doctrine" leading the family to bring the case to the U.S. Supreme Court.

The supervising nurse anesthetist admitted error and surrendered her license.

The Congressional Budget Office (CBO) reports that if the "Feres Doctrine" was overturned, 750 malpractice lawsuits would be filed annually that would cost the federal government $2.7 billion over ten years.

pgg · Jul 2, 2011

ProRealDoc said:
By declining to hear the case, the Supreme Court upheld the "Feres Doctrine."

This is disappointing.

sevoflurane · Jul 2, 2011

Yeah.... I can't imagine how the family members of of Mr. Witt are feeling regarding this decision...

Appy?

Yuck.

urge · Jul 2, 2011

ProRealDoc said:
The supervising nurse anesthetist admitted error and surrendered her license.

Was this necessary?

pgg · Jul 2, 2011

urge said:
Was this necessary?

There must be more to the story.

One error, even a fatal one, shouldn't be the end of a career unless there was truly criminal negligence or malice involved. Perhaps she was on the edge of retirement anyway.

i want out · Jul 3, 2011

pgg said:
There must be more to the story.

One error, even a fatal one, shouldn't be the end of a career unless there was truly criminal negligence or malice involved. Perhaps she was on the edge of retirement anyway.

As you know the.mil is big on falling on ones sword, or having a scapegoat either of which could be the case here.

Perspective would probably define which this is.

I suspect it was a pretty clear cut case of malpractice or it would not have made it anywhere near consideration for supreme court.

I want out

Monty Python · Jul 3, 2011

i want out said:
As you know the.mil is big on falling on ones sword, or having a scapegoat either of which could be the case here.

Perspective would probably define which this is.

I suspect it was a pretty clear cut case of malpractice or it would not have made it anywhere near consideration for supreme court.

I want out

The entire thing was a fluster-cluck. Here's the court filing (rather thick legalese). Scroll to page 10 (at top of page) or page 4 (at bottom of page).

http://www.publicintegrity.org/assets/pdf/Witt_Appeal.pdf

,

Bertelman · Jul 3, 2011

trinityalumnus said:
The entire thing was a fluster-cluck. Here's the court filing (rather thick legalese). Scroll to page 10 (at top of page) or page 4 (at bottom of page).

http://www.publicintegrity.org/assets/pdf/Witt_Appeal.pdf

,

Wow. Certainly this was a clear case of malpractice, however it amazes me what lawyers get away with writing. Those "19 separate breaches" were basically the same 3 breaches written 6 different ways. After reading that, I'm afraid I might be guilty of the unconscionable act of giving many of my patients 50 mcg of fentanyl around the time of emergence.

Here's to hoping my cases never get to this point. I might convict myself if I were a juror reading this stuff.

pgg · Jul 3, 2011

Bertelman said:
Wow. Certainly this was a clear case of malpractice, however it amazes me what lawyers get away with writing.

No kidding:

Extubation of Dean Witt with a rapid sequence induction (RSI),
and 50 micrograms Fentanyl administration immediately prior to
emergence from general anesthesia. Fentanyl is a potent narcotic
analgesic that rapidly appears (within 30 seconds) in the CNS.
And 25% of Fentanyl administered goes to the lungs after
injection. Fentanyl is 150 times more potent than Morphine,
causes prominent bradycardia, and truncal rigidity compared to
other narcotics.

25% "goes to the lungs" ... :smack:

Bertelman said:
Those "19 separate breaches" were basically the same 3 breaches written 6 different ways. After reading that, I'm afraid I might be guilty of the unconscionable act of giving many of my patients 50 mcg of fentanyl around the time of emergence.

You're OK. The lawyers said it was an emergency dose.

Unsafe anesthesia decision and poor anesthesia skills by the CRNA
were evidenced by:
6. Giving an emergency dose of 50 micrograms of Fentanyl.

Bertelman said:
Here's to hoping my cases never get to this point. I might convict myself if I were a juror reading this stuff.

And this went to the Supreme Court. If this was some dispute between lawyerless neighbors representing themselves over an HOA lawsuit about tree branch trimming or leaving the garbage cans at the curb 2 days past trash day, this kind of incompetent hackery wouldn't be quite so appalling.

First thing we need to do when the revolution comes is round up all the lawyers.

YellowRose1022 · Jul 7, 2011

First, the part about the nurse surrendering her license was comforting to family members who have lost loved ones to military medical malpractice. There is a case where the doctor unjustifiably killed his patient, was promoted after the death, received his board certification after the death and is in now in private practice. It is nice to know that some professionals are negatively affected by their fatal actions.

Second, I can tell you as the sister who lost her only sibling to military medical malpractice that the family members of Mr. Witt are devastated and disillusioned with our so called "justice" system. Illegal immigrants and incarcerate criminals get more rights than those of our soldiers.

Third, the military does nothing when they have made a mistake but attempt to cover it up and/or stall until it goes away. In the case that I am referring to (www.SoldiersBeware.com), the military withheld the medical records and death investigation report from the family members for FOUR years. The Joint Commission won't investigate a sentinel event after THREE years.

Fourth, for those involved in the health care industry (physicians, pharmacists, nurses), DON'T override two system warnings and prescribe/administer a 75 mcg/hr transdermal fentanyl patch to a post surgical, opiate naive patient and send him home to die!

www.SoldiersBeware.com

jwk · Jul 7, 2011

YellowRose1022 said:
First, the part about the nurse surrendering her license was comforting to family members who have lost loved ones to military medical malpractice. There is a case where the doctor unjustifiably killed his patient, was promoted after the death, received his board certification after the death and is in now in private practice. It is nice to know that some professionals are negatively affected by their fatal actions.

Second, I can tell you as the sister who lost her only sibling to military medical malpractice that the family members of Mr. Witt are devastated and disillusioned with our so called "justice" system. Illegal immigrants and incarcerate criminals get more rights than those of our soldiers.

Third, the military does nothing when they have made a mistake but attempt to cover it up and/or stall until it goes away. In the case that I am referring to (www.SoldiersBeware.com), the military withheld the medical records and death investigation report from the family members for FOUR years. The Joint Commission won't investigate a sentinel event after THREE years.

Fourth, for those involved in the health care industry (physicians, pharmacists, nurses), DON'T override two system warnings and prescribe/administer a 75 mcg/hr transdermal fentanyl patch to a post surgical, opiate naive patient and send him home to die!

www.SoldiersBeware.com

The military is hardly the only place where medical malpractice occurs, but for better or worse, military personnel don't have the option of suing doctors for malpractice.

However - accidents and mishaps happen. People make mistakes, sometimes very serious ones that are the direct cause of a patient's death. Whether you want to hear it or not, or whether you care or not, those people suffer as well. Unless there is a history of problems or other circumstances involved such as drug or alcohol abuse, most of these practitioners can and do return to practice and never have another problem.

IlDestriero · Jul 9, 2011

I'm sorry to read about what happened to your family member. However. I can assure you that military care is not substandard as you seem to suggest, and the military is not a haven for bad doctors. I was in the military system for 7 years, and the physicians I had the privilege to work with provided nothing less than the highest quality care. There are many things wrong with the military system, but the physicians are not one of them.

Idiopathic · Jul 9, 2011

im stupider for reading the "expert" CRNA comments in that case.

Supreme Court Declines to Hear Case Involving Nurse Anesthetist Malpractice

ProRealDoc

Full Member

pgg

Laugh at me, will they?

sevoflurane

Ride

urge

Full Member

pgg

Laugh at me, will they?

i want out

Member

Monty Python

Full Member

Bertelman

Maverick!

pgg

Laugh at me, will they?

YellowRose1022

New Member

jwk

CAA, ASA-PAC Contributor

IlDestriero

Ether Man

Idiopathic

Newly Minted

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