Canadian Doc Makes Surgical Error; CEO Takes the Fall
A Canadian doctor recently mistakenly removed the lymph nodes from a patient who was only supposed to have a routine lumpectomy. But the hospital administrator is taking the blame.
According to CEO David Musyj, the Windsor Regional Hospital’s pathology department mixed up the test results of two women – one healthy and one in an advanced stage of breast cancer. “As CEO, I’m the one responsible if policies and procedures are not followed. This happened on my watch. I’m responsible, not the surgeon,” Musyj said.
However, this is not the first mistake Dr. Barbara Heartwell has made in the operating room. The Huffington Canada reported that in 2009, Dr. Heartwell mistakenly removed a breast from a healthy woman. That case ended in a $2.2 million lawsuit.
In that case, Heartwell misread a pathology report that stated the woman’s breast lump was non-cancerous. While investigating that case, the hospital discovered that another patient had received an unneeded mastectomy in 2001 under Heartwell’s care. At this point, she left the operating room of her own free will.
But later, she changed her mind and asked to be allowed to operate again. The hospital responded by suspending her. But for some reason, the same hospital board of directors allowed Hartwell to operate again, reinstating her privileges in March 2011.
While Musyj has taken the blame for Heartwell’s latest surgical mistake, an investigation is ongoing. At this time, Musyj said the pathologist who made the error has taken time off. He says the worker is “a good worker with no history” and that she is “remorseful and distraught”.
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
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