It’s not often that editors let their reporters detail the steps they took to report a story, but a wonderfully refreshing and candid piece appeared in the St. Louis Post-Dispatch yesterday and did just that. Investigative reporter Jeremy Kohler got a tip from several sources that a surgeon at DePaul Health Center in Bridgeton, Missouri, removed the wrong kidney from a patient in 2007. A pretty serious medical error ripe for a newspaper investigation, one might conclude. “You think it might be information that patients in need of a surgeon would be interested in knowing,” Kohler told his readers.
Ah, yes, they would—except Kohler couldn’t get any information about what happened, even though he tried every agency in his attempts to find out. The short, clipped chronology of his detective-like quest to learn more about the surgeon and his unfortunate patient should be required reading for journalists and the public interested in the topic of America’s epidemic of medical mistakes.
Kohler began his search at the Joint Commission, a private organization that accredits hospitals, which is not exactly known as a transparent or journalist-friendly source. The Joint Commission told him yes, there had been a “wrong-site” surgery at the hospital, but nothing more. Kohler then went to the Missouri Division of Insurance to search its malpractice database. Someone probably sued, he reasoned. Well, he found a case involving one wrong-site surgery that resulted in a $1.7 million settlement for the patient without having to file a lawsuit.
Next, Kohler went to the National Practitioner Data Bank, which tells about docs who paid malpractice claims or who were professionally disciplined. Too bad the data bank is only for practitioners, not the public. The public gets to see sanitized data, with names scrubbed out. Still, Kohler discovered one Missouri case that involved a surgeon in his fifties and his patient, also in his fifties, who was “significantly and permanently injured.” But he needed documentation.
Kohler hoped to find it at the Missouri Department of Health and Senior Services, which investigates hospital errors. Sure enough, he found a case involving a serious error in 2007 and other stuff about urologic surgery at DePaul. The records give no names, although Kohler learned that there were many problems involving urology at the hospital. Doctors were performing minimally invasive surgery without a record of proper credentials. That sort of thing. One doctor removed a patient’s diseased kidney without completing a proper medical history in advance. Instead, he wrote one up by hand on the day of the surgery. Was that the case Kohler was after?
If it was, the good regulators of Missouri wouldn’t say. Kohler turned to federal regulators, who explained that the report doesn’t reveal what went wrong with the surgery because the error was found to be the sole fault of the doctor. The feds referred the case to the Missouri Board of Professional Registration for the Healing Arts, which disciplines doctors. None of the board’s actions involve a doctor removing the wrong kidney. So much for doctor self-regulation! When he finally talked to the hospital, officials were mum. Kohler learned that the hospital could not even acknowledge such a mistake, because it would violate federal law on patient confidentiality.
So where does that leave the public? In the dark, it seems. Kohler’s story is super-important—and not only because it describes what reporters are up against with the agencies supposedly protecting the public and what families are up against when a loved one is maimed or killed by a doctor. It speaks to the broken medical system we have just spent the last two years debating, the supreme position of physicians, and the government and private regulatory structures in place that keep them on their pedestal. It also calls into question the usefulness some of the data that are available.
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Here's a link to "Girl, 16, dies during restraint at an already-troubled hospital" by Blythe Bernhard and Jeremy Kohler of the St. Louis Post-Dispatch http://tinyurl.com/273ygqj
#1 Posted by Jackie Hutcherson, CJR on Tue 3 Aug 2010 at 03:11 PM
Madam -- this is not clear.
Did Mr. Kohler "get the goods" -- or not? Were his sources correct -- or not? I've been around hospitals for years and rumors were rife -- "we're going bankrupt" was a popular one.
Journalism 101 -- get the goods. Be the old-timer who gets all the names -- spelled correctly.
#2 Posted by Frank, CJR on Tue 3 Aug 2010 at 07:12 PM
We don't have to be distressed reading stories about medical errors here is in upstate New York. For more than a decade the newspapers in Albany have ignored dozens of lawsuits alleging medical malpractice, while receiving hundred of thousands of dollars in advertising revenue from medical providers.
Letters to the editor and publisher of the area's largest newspaper, the Times Union, have received no response.
#3 Posted by David Baker, CJR on Wed 4 Aug 2010 at 09:20 AM
Frank, I've been asked to respond to your question. My partner Blythe and I confirmed from CMS that there was a wrong-kidney surgery at DePaul in 2007. We know there is no public lawsuit about the case. CMS says the fault lay solely on the surgeon; yet no surgeon was ever publicly disciplined.
We know that a patient that got $1.7 million for a wrong-site surgery involving urology in the St. Louis area during that timeframe in a claim settled out of court. We can only say that it sure looks like the same case. As the story says, without identifiers in the public data, we can't be sure.
Yes, I think we got "the goods," in that we demonstrated what it takes to confirm a serious medical error by asking direct questions and requesting public records and data.
#4 Posted by Jeremy Kohler, CJR on Wed 4 Aug 2010 at 11:07 AM
I agree that Kohler got the goods, and I applaud the PD for demonstrating what it takes to get them.
#5 Posted by bruce rushton, CJR on Wed 4 Aug 2010 at 01:56 PM
WRITING THE LEDE
"A federal agency confirmed to the PD that there was a wrong-kidney surgery @ DePaul in 2007."
"CJR loves the PD story that revealed there was a .."
"Hiding the lede?"
FYI: people are busy. Getting quickly to the point helps. As in, "HEADLESS BODY FOUND IN TOPLESS BAR"
#6 Posted by Frank, CJR on Wed 4 Aug 2010 at 04:34 PM
Frank -
At the risk of feeding a particularly pompous troll, I might as well point out to you that this is a post about journalism -- not about breaking news.
CJR does that sometimes.
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#8 Posted by tiffany jewelry, CJR on Sat 19 Feb 2011 at 12:42 AM
wow, I thought it was just enough to check if a surgeon was Board Certified and there are state websites where this info is available. Putting the wrong kidney in is a big deal and patients have the right to know what kind of doctor they are dealing with.
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#9 Posted by Jackie, CJR on Fri 9 Sep 2011 at 05:58 PM