Stay up to date with the more relevant news and education from Urology Center of Iowa. UnityPoint-Des Moines opposed the project, citing a recent decline in case volume, an excess capacity for providing cardiac catheterization services, as well as the expected revenue shift from nonprofit hospitals to a for-profit enterprise owned by the physicians. 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 Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. The jury awarded Zaw $500,000 for past loss of bodily function; $250,000 for future loss of bodily function; $1,000,000 for past physical and mental pain and suffering; and $250,000 for future physical and mental pain and suffering. Wray developed an infection, resulting in additional surgeries, an ICU stay, and time in skilled care recovery. Trueblood declined to comment via Iowa ClinicspokeswomanAmy Hilmes. Please call the location that best suits your needs: Call Clive Broadlawns Clinic 2. Please look at the time stamp on the story to see when it was last updated. Jurors decided Zaw was 30% responsible, which will reduce the award. 0 comment. Eine andere -Site. 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. 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. Tyler Davis can be contacted at tjdavis@dmreg.com or on Twitter @TDavisDMR. Request an Appointment For requests: 1-800-777-8442 Show additional numbers Refer a Patient They left the practice in mid-February. Wrong surgery gives man unwanted vasectomy. "And basically, somehow they got it entered as being a vasectomy instead of being a circumcision.". We also use third-party cookies that help us analyze and understand how you use this website. SCHEDULE ONLINE Our longstanding practice and tenured physicians are a testament to the urological care we provide. In a deposition filed in July 2018, Dr. Joy Trueblood, who was the Iowa Clinics anatomical laboratory director at the time, stated she was examining two separate prostate files when she mistakenly scanned 65-year-old Huitts as the cancerous file. But what may be good for business is bad for patient care and certainly disquieting for those whose doctors simply disappear. The Iowa Clinic provides the bulk of urology services in the Des Moines area, including procedures performed at the UnityPoint and Mercy hospitals. "I think there's probably a fair number of people in the United States that English is their native language, and if you said 'vasectomy,'theywouldn't know what you were talking about," Harding said. iowa clinic urology lawsuit . The Iowa Board of Appeals approved all three settlements on a 3-0 vote. In Texas, when a physician leaves, the practice is required to cooperate with a physician who wants to put up a notice that says this is where that physician can now be contacted, said Kathy Poppitt, a partner in the health care and government and internal investigations practices at the Austin, Texas, office of King & Spalding. Find a top urologist near you in Iowa, US who is an expert in your specific urological condition. 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. He was awarded $12.25 million. 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. Were going to take care of the community, he said. "I think it came across to the jury that he was just devastated by what had happened here," Zaw's lawyer, Marc Harding, saidThursday. Follow the Register on Facebook and Twitter for more news. Trueblood said in the deposition that the scanner glitch hadhappened a few previous times during the thousands of cases she'd handled over about 10 years, but she had caught the previous errors. In a general verdict, the jury concluded both that Dr. Birusingh was negligent and caused damage to Zaw and that Zaw was negligent or failed to mitigate his damages. UnityPoint is now suing the Iowa Department of Public Health and the council, seeking not only judicial review of the councils rehearing denial, but a ruling that states the certificate of need should never have been issued. The settlement benefits individuals who received a notice that their personal identifying information may have been compromised in an Urology Center of Colorado data breach between Sept. 7 and 8, 2021. Iowa Capital Dispatch is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. UnityPoint Health-Des Moines is going to court to try to block the creation of two new cardiac catheterization labs. 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 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. While we respect the legal process, we disagree with the jurys conclusion and will consider all available options. By clicking ACCEPT ALL, you consent to the use of ALL the cookies. The most common specialty named in ureteral injury malpractice cases was gynecology (68.9%), followed by urology (17.4%). 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. In last week's decision, Judge Sharon Soorholtz Greer noted that Zaw accused Birusingh not only of failing to obtain informed consent from Zaw, but also of "negligent communications" with other individuals, such as Zaw's primary care provider and Iowa Clinic staff members who received the original referral. Now, the physicians and UnityPoint are at war over a proposed set of cardiac catheterization labs, with each side claiming the other will be putting patients at risk for the sake of their bottom line. 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. Hundreds of central Iowa urology patients, including some who had just undergone cancer surgery, have been prevented from seeing their chosen physicians since the doctors were fired by the Iowa Clinic in September, the doctors say in a lawsuit. LANGUAGETECH was found to have no liability. The Iowa Clinic provides the bulk of urology services in the Des Moines area, including procedures performed at the UnityPoint and Mercy hospitals. Request an appointment We offer urological care at the following offices. Last December, the council voted 3-1 to approve surgical centers application, noting that the Centers for Medicare and Medicaid Services has recognized that low-risk cardiac catheterization procedures can be performed safely in an ambulatory surgery center, resulting in lower costs and improved patient convenience. 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. Susan Murphy, 72, has seen a number of doctors in the urology department. The guiding principle is patient choice, said David J. Clark, a partner in the New York office of the law firm Epstein Becker Green who has analyzed state noncompete statutes in health care. Dr. Birusingh and The Iowa Clinic assert that even if Zaw proved he was unaware of the vasectomy until after Dr. Birusingh performed it, Zaw did not establish that lack of knowledge was due to Dr. Birusinghs failure to disclose material information, so his claim fails., However, the Iowa Appellate Court further ruled: There were also questions raised about Dr. Birusinghs physical examination of Zaw and whether it was rushed. That child has brain damage and the lawsuit says will need round-the-clock care for the rest of his life. Shearersigned an affidavit in support of their lawsuit. 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. Patients get frustrated, but what they may not understand is that this is a legal thing that we have to abide by, she said. We understand that trust is earned every day.". Patient Leon Shearer underwent prostate-cancer surgery by Glowacki in 2017 and was continuing to see the doctor for follow-up care. Copyright 2022 KCRG. Moreover, documents from the doctor who referred Zaw to the Iowa Clinic show he was seeking a circumcision, Harding said. Get the Android Weather app from Google Play, Two arrested for allegedly holding victim at knifepoint, Semi crashes, catches fire on I-80 in Dallas County, Rob Paulus with EveryStep joins Today in Iowa Saturday, Iowa women knock off Maryland, advance to Big Ten, Local lawmakers have one thing in common despite, Drake men win, UNI falls in MVC quarterfinals, Best athletic wear for kids joining baseball and, How to watch all the Oscar-nominated movies in style, Best smart home devices for older users, according, More than 2,000 kids compete in state archery tournament, Iowan honored for rescue of critically injured friend, Meet the Iowan who made St. Louis Gateway Arch a. The American Medical Association, which represents doctors, doesnt oppose restrictive covenants outright, although its policy notes they can limit patients choices. Would you agree with that?, More:Fired Iowa Clinic urologists say patients are prevented from seeing them. "Given the size of the verdict and the necessity of post-trial proceedings, Defendants request the Court stay entry of judgment until such time as the Court rules onDefendants post-trial motions.". 5950 University Avenue, West Des Moines, IA 50266 (Map) 515-875-9800: Book Appointment. And hell require 24-hour daycare for the rest of his life, said Geoffery Fieger, The Kromphardts attorney. 200 Hawkins Drive Iowa City, IA 52242 United States. They are also subject to noncompete restrictions. The urologist removed Huitts prostate in April 2017 during an operation at Iowa Methodist Medical Center. The suit cites a national report showing Iowa has the sixth-lowest supply of urologists per capita. iowa clinic urology lawsuit. 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. Home. We travel 1 hour and 15 minutes because the healthcare is outstanding. Carver Pavillion (RCP) Level 3, Elevator E 1-319-356-2421 Clinic In University of Iowa Hospitals & Clinics 200 Hawkins Drive, Iowa City, IA 52242 July 18, 2022 Dr. Richard Glowacki, one of the urologists who left with Kellerman, performed surgery to remove her kidney stones more than a decade ago. 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. In University of Iowa Hospitals & Clinics. However, you may visit "Cookie Settings" to provide a controlled consent. Charlie Wittmack, a lawyer at Hartung Schroeder in Des Moines, is representing Kellerman and the two other urologists who were also fired in a lawsuit against the Iowa Clinic. The attorney said he rarely speaks to his client without someone to interpret. "It was a written referral that in four places said that it was a circumcision, and according to the records from Des Moines University, it was faxed over to the Iowa Clinic, which would have been for Dr. Birusingh," Harding said. Another, Dr. Stephanie Pothoven, did surgery to repair her prolapsed uterus a few years ago. They then check the patients electronic health record to confirm there are no messages, prescription refills or other recent contact with the new UW Health doctors and that patient at the previous job, said Kamnetz. 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. five of the clinics seven remaining urologists, Your California Privacy Rights / Privacy Policy. Rickie Lee Huitt was diagnosed by pathologist Joy Trueblood and urologist Carl Meyer at the Iowa Clinic in January 2017, according to a lawsuit acquired by the Des Moines Register. 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. Urogynecology Urogynecology is a medical specialty that focuses on the diagnosis and treatment of pelvic floor disorders. Whether noncompete clauses are binding in health care especially when patient care is disrupted is a point legal scholars debate. Why didnt you catch it this time? Huitts lawyer asked her, according to the transcript. The three physicians lawyer, Charles Wittmack, said their lawsuit is not mainly aimed at obtaining money from the Iowa Clinic. Emailing us via this page is not an encrypted means of communication with our practice. When Don Cue developed a bladder infection last fall, he called his longtime urologists office for a urine culture and antibiotics. She said she changed the way she handles pathology documents after the mix-up was discovered. Dec. 7, 2020 2:10 pm, Updated: Dec. 7, 2020 4:54 pm. In general, to be enforceable, the agreements must be reasonable and narrowly drawn so that they protect an employers legitimate business interest but dont unduly restrict a doctors ability to make a living. Zaw with help of Harding andattorney Ben Novotny sued theIowa Clinic and Birusingh. "I'm sure that if Zaw Zaw had it if he could wave a magic wand I think he'd much rather been able to have had additional children than to have money, but that's the only thing that we can do here," Harding said. Every day, innocent people are hurt, both physically and financially, due to the negligence and deceptive business practices of corporations and large institutions. 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. The Iowa Clinic Urbandale 4323 Northwest Urbandale Drive Urbandale, IA 50322 (515) 875-9190 ACCEPTING NEW PATIENTS Specialties Dr. Steven Rosenberg has the following specialty Urology Specialty Expertise Dr. Steven Rosenberg has the following 9 areas of expertise Benign Prostatic Hyperplasia (bph) Birth Defects Bladder Cancer Enlarged Prostate Although Ardeth has some limited ability to speak, she has difficulty finding words. The Iowa Clinic said in an emailed statement that it "has a long history of providing outstanding care for our patients and we believe such was the case in this matter." Birusingh, who was. Caleb McCullough, Gazette-Lee Des Moines Bureau. One survey of nearly 2,000 primary care physicians in five states found that roughly 45 percent were bound by such clauses. 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. Five of the practices remaining seven urologists submitted their resignations amid the dispute, but are continuing to work. 28, 2021 7:50 am614d ago, The Gazette Business News Mar. Iowa Clinic Urology 5950 University Ave Ste 341 West Des Moines, IA, 50266 Tel: (515) 875-9800 Visit Website Mon8:00 am - 4:30 pm Tue8:00 am - 4:30 pm Wed8:00 am - 4:30 pm Thu8:00 am - 4:30. In 2018, ranked as the #1 lowest beneficiary cost ACO in the country - continue to be significantly below market in total cost of care and ER admission and readmission. They say in their lawsuit that in a typicalweek, they saw a total of about 225 patientsand performed 30 to 40 surgeries. Arora and Assouline-Dayan are not currently listed as UIHC physicians. Our primary focus remains on providing high-quality care to our patients and families,. The lawsuit from the three fired doctors contends their patients were handled in an outrageous and wholly unnecessary way. 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. In 2019, The Iowa Clinic had over 54,000 patient visits resulting in cardiology services. Failing to clearly communicate what surgery one is about to perform, she said, qualifies. Our urologists are experts in mens health, prostate cancer, womens health, pediatric urology and robotic surgery. Even when longtime patients go sleuthing to find their doctors new offices, they may not be accepted into those practices. All rights reserved. Thats why Iowa Capital Dispatch, a nonprofit, independent source for quality journalism, is working every day to keep you informed about what government officials are doing with your money, your freedom and your safety. Website. The Iowa Clinic. The circumcision was done at a differently facility, his attorney said. 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. It is an editorially independent program of the Kaiser Family Foundation, which is not affiliated with Kaiser Permanente. Necessary cookies are absolutely essential for the website to function properly. They perform a full range of lab testsfrom simple blood chemistry to more complex testing proceduresall of which play a vital role in health promotion, diagnosis of illness, and management of disease. 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. It was a familiar routine for the two-time prostate cancer survivor; infections were not uncommon since he began using a catheter that connects to his bladder through an incision in his abdomen. 'Sharon was reinstituted feedings without X-rays being taken.. 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. Brown confirmed that five of the clinics seven remaining urologists have submitted their resignations, but he said the clinics leaders are negotiating with them and hope some will stay. The doctors' lawsuit claims their terminations stemmed from their efforts to improve services and address staffing and financial issues in the department. Kaiser Health News is a nonprofit news service covering health issues. If your child will play baseball or softball this spring, youll need to stock up on appropriate clothing and equipment. We have a team of urologists specializing in the diagnosis and treatment of diseases of the urinary tract and urogenital system. In preparation for the UroLift Webinar, Ted Lamson, inventor of UroLift stopped by to meet the team and check out our clinic. Looking for the best urologist in Iowa, US? "Because Mr. Zaw Zaw does not speak English, both written informed consents and each of the four consultations were translated by two separate interpreters,"Wittmack said. 3, 2023 6:39 pm22h ago, State Government Mar. The physicians contend they were unjustly fired in September 2018 and prevented from communicating with their patients.