One from the Archives - Mills-Peninsula Women's Center Hit With a Warning Letter In November of 1999!

Blast from the past. Nearly ten years ago this month, the Women's Center at Mills-Peninsula Health Services received a warning letter which I obtained from the FDA's website. Quite a few violations were found during the inspection (including staff not maintaining the required continuing medical education credits). Still waiting on the results of the complaint filed recently. Things have progressed with disclosure by the FDA. As of September 1, 2009 the FDA will also post responses to the warning letters as well.

(Click on each page to enlarge.)

Financial Assistance at Mills-Peninsula Health Services - Do you Qualify?

Imagine this case scenario as it became a reality to an acquaintance of mine who furnished me with a copy of the letter below.

You have some tests done at Mills-Peninsula Health Services. You and I both know they won’t let you in the doorway for routine tests without verifying you have medical insurance. In my friend’s case, she has two insurances, the costs of the tests will be covered completely, 100%, not even a penny scant.

Same old, same old though in the incompetency biz! My friend receives a bill. She calls the billing office of Mills-Peninsula Health Services and gives them (for the second time) all of her insurance information over the telephone.

You would think that would be the end of the write up. A few days later it turns out they have forwarded her account to the Financial Assistance or "charity department." She received the letter below that MPHS has not received all of her paperwork so she can get "financial assistance" and if they don’t receive it soon she will be listed as "self pay".........

It seems like one could find error after error in procedures at Mills-Peninsula Health Services. I often wonder how much money all these blunders cost them in staff time, I ponder how many patients suffer from paperwork errors affecting medical privacy, credit and collections - let alone the more chilling "whatchamacallit" like your healthcare!

When the changes come about over investigations and complaints I just get the feeling Mills-Peninsula Health Services has only rearranged the deck chairs on the Titanic!

(Click Letter to Enlarge)

Boston Police Are Looking for Victims of Dr. William Ayres

Boston Police Department looking for victims of Dr. William Ayres.

Boston Police Crimes Against Children Unit 617-343-6183, 617-343-6186

DonovanJ.bpd@cityofboston.gov

I, Sgt. Det. John Donovan , am the Supervisor in the BPD CACU. I just recently became aware of this blog site. If there are any victims out there or anyone that can provide any information on incidents that happened in Boston, MA, please contact me and or the Suffolk County DA CPT 617-619-4300. Please pass this info on.

Mills-Peninsula Women's Center is Under Review - Accrediting Agency Accepts Serious Complaint

Breast Cancer Awareness Month (BCAM) (also referred to locally as National Breast Cancer Awareness Month (NBCAM)) is an annual international health campaign organized by major breast cancer charities every October to increase awareness of the disease and to raise funds for research into its cause, prevention and cure.

The Women’s Center at Mills-Peninsula Health Services doubtfully reads this blog. They are at this time not in the know about the investigation that was accepted by the regulatory agency that oversees mammography facilities, but they most likely will be within the next few days.

As a patient advocate I weighed in with my "moral sense of right and wrong." I found a violation that could affect a lot of women. I began to ask myself what if I do nothing? The answer became elementary. I didn’t want to have an albatross around my neck, thus, I had no choice but to facilitate getting the Women’s Center located at the Mills Campus compliant with the Federal Mammography Standards Quality Act.

They will have to respond, correct, and review systems currently in place. I rue that I had to open a can of worms here, but I gave hospital staff adequate time and two written requests before resorting to bringing in the regulatory agency.

This will be my contribution to Breast Cancer Awareness Month. Think pink speak up for safety!

(Click letter to enlarge!)

Is Senator Leland Yee a Lemon?

On March 9th, and again on April 10th, A copy of the letter associated with this post regarding the initiation of new legislation regarding the "peer review" of medical professionals was sent to Senator Leland Yee -- who is a Ph.D, no less...

WRITE A LETTER! Officials will listen, especially if they are local leaders. That's what I used to think --------

Here's the response (Click the image for full size!):

Heart Attacks - The Symptoms Are Different for Women - Do Physicians Recognize the Difference?

A lawsuit was filed on August 26, 2009, alleging medical malpractice and wrongful death.

Defendants: Mills-Peninsula Health Services, Sutter Health, Peninsula Medical Center, Mills Hospital and Donald S. Rich, M.D. (Emergency Room Physician).

Plaintiffs: Are the five children and heirs of the decedent.

Allegations: Defendants named above were negligent in their care, treatment and provisions of emergency care to decedent. Defendants failed to recognize that said decedent was experiencing a heart attack or near heart attack and required immediate treatment by appropriate therapy and specialists. Defendants failure to provide proper treatment caused decedent to suffer a heart attack and die.

Quote: "Almost 50 percent of women who die of a heart attack have no clinical symptoms, according to a U.S. National Institutes of Health study. Women heart attack victims often are not treated as aggressively as men with the same symptoms and more often die, the agency says."

Victoria Balfour Speaks at the Institute on Violence, Abuse and Trauma After Accepting the National Media Award for Meritorious Public Service

(Photo Courtesy of Toby G. Kleinman, Esq.

Adler & Kleinman Attorneys at Law)

The Institute on Violence, Abuse and Trauma recognized Victoria Balfour on September 25, 2009, in San Diego, California, with the Award for Excellence in the Media for meritorious public service. This was in honor of her dedication in bringing the William Hamilton Ayres case to prosecution. Congratulations Victoria! Way to go........

Victoria Balfour to Receive Media Award at the International Conference of the Leadership Council on Child Abuse and Interpersonal Violence

Victoria Balfour, Investigative Journalist, who has dedicated more than seven years to "crack" one of the biggest San Mateo County crime cases in recent years is receiving the media award at the international conference of the Leadership Council on Child Abuse and Interpersonal Violence for her work in bringing William Hamilton Ayres, M.D. to prosecution. The ceremonies will be held on September 25, 2009, in San Diego, California.

Past recipients include pro football player Herschel Walker and reporters from the New York Times and the film makers of the Academy Award nominated documentary "Deliver Us From Evil" about a pedophile priest in California.
_______________________________________________________

Below is a photo of Victoria Balfour and her brother (Freddie Balfour) taken in 2003. Victoria was a reporter at the Ladies Home Journal but her real passion was working towards getting a criminal investigation started regarding the reported child molestation by Dr. Ayres after a fellow aspiring journalist revealed he had been molested as a boy by Ayres while in therapy. Victoria's brother, Freddie, was an embedded reporter for BusinessWeek during the Iraq war. This photo was taken at a restaurant in Westport, Connecticut, celebrating his return with Victoria, her mother, and old family friends.

_________________________________________________________

The photo was taken when the first criminal investigation into Ayres was still going on. A few weeks later, the United States Supreme Court came down with a decision that overturned the statute of limitations for victims in California. This effectively "killed" the first criminal investigation into Ayres.

Victoria spent the next two years hunting for victims within the statute. She never gave up! I would like to personally congratulate Victoria on this tremendous accomplishment. I consider her a friend, a mentor, and most of all an inspiration.

It is said "uneasy lies the head that wears the crown" and Victoria has exposed William Hamilton Ayres through devoted and thorough investigative skills. This so called doctor was San Mateo County’s own "sacred cow", untouchable, receiving awards, unreportable by his peers, and leaving a wake of victims in his path for more than 40 years. Ayres is facing a second felony criminal trial, has settled one civil lawsuit and has four pending civil lawsuits, all for child molestation.

Victoria Balfour put Ayres "under fire" and has essentially dragged him to the woodshed. She deserves this prestigious award for her years of dedicated advocacy for the victims and children of San Mateo County. There would be no case without her research and the brave victims.

I recall the day Victoria Balfour called me and told me she was taking the bus to Boston to meet with the Chief Operating Officer of the Judge Baker Children's Center (where Ayres claims he was trained to give boys genital exams, which has been thoroughly debunked). I honestly could not believe the determination on her part. We Californians get bent outta shape if our car is in the shop for an oil change, but Victoria takes the bus in the heat and walked a long distance up a hill to get to Judge Baker Children's Center. I still can’t fathom what she was running on!

I will have to think of a better word than determination, perhaps propelled by God is more fitting, along with the crown she wore on behalf of the victims. Victoria Balfour did not want to let anybody down, and from what I know of her, mostly herself. She finishes what she starts against all odds.

God bless, Victoria Balfour!

Electronic Health Record (EHR), Mills-Peninsula Health Services Spent Millions On It, Can it Actually Harm You? I Found a Glitch Already!

Boy, oh boy, the electronic health record (which Mills-Peninsula Health Services spent millions of dollars on) was anticipated to benefit patients by having everything kept in an electronic medical "file." It was assumed that this "fancy dancy" electronic health record (upgrade?) was going to facilitate the rapid delivery of your health history to anyone who had a confidential code to access the information.

Lots’ of folks were leery that this was going to create all kinds of privacy violations. The track record for medical privacy at Mills-Peninsula Health Services hasn’t been all that great as it is! I think the new electronic health record is about as useful as a chocolate teapot!

Mills-Peninsula Health Services went live in April with the electronic health record and I already have my first reportable offense!

I asked for a copy of my radiology report from the hospital. Using the usual method I wrote in identifying what report I wanted and asked that it be sent to me.

What did I receive you ask?

I got a printout with codes, passwords, some other gal’s name on it (assuming this is the medical record technician) the BIGGEST VIOLATION - no verification or authentication of the physician who read out the radiology report (name omitted of doctor). Sure, it had some information about me on it, but it was like looking for a lost ball in high weeds!

Why are these problems you ask?

• What if - they file this at my doctor’s office under the name of another person by accident (there are two names all over it)?
• What if - I have a confidential access code (how many others have it too), it shows on the record?
• What if - the radiologist made a mistake, how will I know who it was (will the hospital hide the information if there is a problem)?

I am as mad as a wet hen that my health insurance PAID for this slop, but it won’t do me any good, this electronic medical record is only as good as its weakest link - staff.

If Mills-Peninsula Health Services hasn’t committed the proper amount of time to staff training, this is what you are going to get. Harriet B. Borofsky M.D., Medical Director of Breast Imaging, Women's Center

Lawsuit Alleges Failure to Diagnose and Read Images, Caused Cancer To Spread Faster, Further, and Became Metastatic

A lawsuit was filed on September 1, 2009, against Ernest Ribera, M.D.; Mills-Peninsula Health Services, Mills-Peninsula Medical Group, Andrea Metkus, M.D.; Raymund Tu, M.D.; Maliha Qadir, M.D.; Ellen Rosenthal, M.D.; and DOES 1 through 100 inclusive.

The Patient Advocate will make this brief.

The Plaintiff alleges medical negligence in treating cancer and as a result the cancer has metastasized beyond the ability to reasonably treat which will ultimately reduce the Plaintiff's life.

In cases like these it is best to wish the patient well and send prayers for recovery.

It is clear to me that lawsuits such as these are filed clearly as a last resort by the most aggrieved of patients. It must be extremely difficult to be diagnosed with cancer and to feel that your illness could have been preventable had a timely diagnosis, care and treatment been given.

Here is a quote by Lance Armstrong:

If children have the ability to ignore all odds and percentages, then maybe we can all learn from them. When you think about it, what other choice is there but to hope? We have two options, medically and emotionally: give up, or fight like hell.
Andrea P. Metkus M.D. Breast diseases Peninsula Surgical Specialists

Falsified Medical Records, I was a Victim, Now I have a Tip for You - Medical Photography is Your Best Defense!

Every now and then I get an email or inquiry about my falsified medical records. Patients ask, what can I do, my medical records were falsified?

Answer.... mine were too!

I have a great tip for all patients.......

If you haven’t already learned, you are the custodian of your own medical records. As patients we have all gained the right to review and receive a copy of our medical records. In fact, Mills-Peninsula Health Services advises us to keep a personal medical file.

Some patients convert their medical file to a data file and carry it on a "USB data traveler." If you leave the country you can pop this device into a computer and a doctor who speaks another language can ostensibly read your physicians handwriting! Nothing short of a miracle (I can’t read it). Photographs speak a universal language.

Have you ever read your medical records and realized they scarcely relate to what you reported or said? Do you wonder if they have the wrong patient? Or, are there omissions that would have benefited you? In some cases there has been a straight-out, illegal, medical record falsification.

I have found the most effective tool and defense is my "adorabubble" purple "Nikon Coolpix" camera with a close-up macro lens (I do not work for Nikon and I am way to old for Ashton Kutcher). Believe it or not this is your best defense against dishonesty from the pen of a medical record falsifier. Read the article here by the Medical Board of California - Sloth! One of the seven deadly sins of medicine!

I have been photographing minor and serious medical conditions for more than six years. Here is a sample from my files:



The Patient Advocate had a nasty broken toe! However, the medical records in this case were accurate.





Why does a plastic surgeon take before and after photos? Answer, it is the best defense for the highest medical malpractice specialty!

Basically, every time you get uhm.... poison oak, bruises, swelling, just about anything you must document it with a photo (not for Facebook). Save it on your computer and create your own medical photography file. Sometimes, I overlay the photos on a copy of the medical record which it pertains to, and that can then become a permanent part of my medical record when I transition to new care.

I can’t tell you how many times using a photo to get the point across has been beneficial. Your doctor doesn’t have to know you maintain a file like this. If conflicting medical records appear and you have documented the before, after, and during pictures, you could prove that what was written in your medical record does not match the proof of your medical photograph.

Medical photography actually reopened my Medical Board of California case and got a new case started!

Medical photography is not just for doctors! In fact, I emailed a medical photo to an Otolaryngologist in Texas at a highly respected medical teaching facility......more than anything he wanted to know what kind of camera I used..........go figure. The doctor was quite impressed with the photo too!

Why Can't Doctors Just Tell the Truth? Is it Really that Hard? Calling Dr. Philip Alper.......

Do you wonder sometimes if patients need a megaphone to get doctors to tell the truth? Hey doctor, I am talking to you can you hear me now? Do they have selective hearing, reading, and writing skills? All we want is the truth (even if you are just writing an article).

This is just a short post with a bit of whimsy in between my lawsuit research.

There is a really, really, long winded doctor, named Philip Alper. He dabbles is writing articles here and there. I am guessing he would have rather been a writer than an Internist. When I read his articles I find myself nodding off half way through, zzzzzzzz. I am not complaining though, sometimes a nap is useful.

Maybe Dr. Alper comes from another generation (like when Burlingame was a dairy farm, it really was), or it seems as if he is preaching from the pulpit! He writes numerous articles for the San Mateo County Medical Association Bulletin on various topics. Forgive me, I cannot recall any of them.

One day while researching Yelp, oh heavens to Betsy, I found that Dr. Alper was even writing about Yelp, doing his dang best to critique the numerous doctors "ratings" websites.

I guess Dr. Alper just couldn't "squeeze" the truth out about a rating he had.

Quote from Dr. Alper's article:

"After more time than I would have guessed, I found a reference to me at RateMDs.com without having to pay sight unseen. The single patient commenting wasn’t impressed, but didn’t say why."

Whoa Nelly...back the horse up......I went to the RateMd's.com website and the patient did say why they were not impressed! Why did Dr. Alper leave this out?

The patient review said the following:

"On my first appointment I arrived with my paperwork already completed. Dr. Alper works from a run-down dingy building and has a crowded and cramped waiting room. After being told that I'd be waiting there for another 25 minutes, I canceled the appointment. There are many qualified endocrinologists in the area so you may want to look for one who is more punctual."

They even gave Dr. Alper the lowest score possible (1) and a super sad blue smiley face! I need a tissue.

Here is the link to Dr. Alpers review at RateMD's, click HERE.

DUDE! Can you hear me through my megaphone, the patient said you need a remodel and that you don't own a friggin watch! They want a post 1944 building and they hope you are actually on time! Comprehension is everything.........

Emergency Room Doctor, Master of Plaster or Disaster? Lawsuit Over Tight Cast!

This is a fresh lawsuit filed August 10, 2009.

Title: Alleged Medical Negligence Summed up as a "Cast Gone Bad," plaster or literally a medical ensemble...we have to await the outcome......

Masquerading as the Defendants: Peninsula Medical Center, Mills Peninsula Hospital, Burlingame Orthopedics and Sports Medicine, Inc., Dev Mishra M.D., Robert D. Argand M.D. and the ever-present DOES 1 through 50 inclusive.

Plaintiff: Emergency Room Patient

Case Report from the Court Records: Plaintiff fell injuring her right arm and wrist. She was admitted to Mills-Peninsula Health Services under the care of the emergency room staff. X-rays revealed that the Plaintiff had sustained an impacted distal radial fracture and ulnar styloid fracture in her right arm.

The plaintiff alleges that Dr. Argand and staff failed to adequately supervise the application of the wrapping and short arm splint and failed to adequately inspect the wrapping and splint after they were applied, causing injury to Plaintiff.

Plaintiff protested that the wrapping and splint were too tight but none of the Defendants took any corrective action. Plaintiff alleges that Defendants failed to properly examine, diagnose and/or treat Plaintiff and failed to properly examine and/or evaluate the cast, its application, and the injury it was causing Plaintiff, and instead discharged Plaintiff without any further treatment.

Plaintiff upon returning home continued to experience pain in her right arm. Plaintiff went to Defendant Dr. Mishra of Burlingame Orthopedics and Sports Medicine Associates, Inc. and again complained of continuing pain in her right arm. During this time Dr. Mishra failed to unwrap, x-ray, or otherwise sufficiently examine the arm. Despite Plaintiff’s complaints Dr. Mishra allowed the cast to remain in place indicating in a subsequent report that it "fit nicely."

Seven days later Plaintiff returned to Dr. Mishra who finally removed the splint and wrapping. This revealed serious injury as caused by the improper application of the wrapping and splint, including but not limited to the presence of pressure ulcerations, necrotic tissue, abrasions, swelling, and blistering, as well as a physical deformity at and near the right wrist, which ultimately required surgical correction.

Interesting Quote From Court Documents: "Plaintiff is informed and believes and thereupon alleges that there exists, and at all times herein mentioned existed, a unity of interests between Defendants such that any individuality and separateness between these certain Defendants have ceased, and they are the alter ego of each other and exerted control over each other."

Is This Case the Crazed State of Healthcare Today? Yo, Obama, You Should Read This, Mills-Peninsula Health Services Hit With $50,000,000.00 Lawsuit!

Let me just say this lawsuit definitely leaves me with more questions than answers!

The Synopsis of the Lawsuit Filed June 2, 2009: The plaintiff who filed this lawsuit against Mills-Peninsula Health Services started her day off at Kaiser Permanente Hospital in South San Francisco visiting her terminally ill husband. That’s right, she was a visitor, not a patient.

Kaiser staff noticed that the plaintiff was behaving in a slightly strange manner. I can’t comment upon on that as it is a highly subjective issue. Kaiser Permanente staff then calls the South San Francisco Police on the plaintiff. The police arrive and take the plaintiff to Mills-Peninsula Health Services emergency department.

OK, so it was at this point in time I hit the rewind button on my brain and went, let me see if my caffeine kicked in this morning, I start piecing it together......so a woman was already at a hospital and exhibits what Kaiser staff thinks is "paranoid" behavior and KAISER PERMANENTE HOSPITAL who can treat these types of medical conditions (yes, Kaiser has an emergency room) calls the police to take her to another hospital emergency room! Read about how Kaiser was previously fined for patient dumping HERE.

The plaintiff was apparently told by the police that she was being taken to a hotel for a rest (or something to that effect according to the court documents). Medical records attached to the court filing clearly indicate the patient was not on a 5150 hold. When she was assessed by staff at Mills-Peninsula Health Services they wrote the following in the plaintiffs medical record: "Pt. is not exhibiting any acute psychiatric symptoms." The plaintiff was NEVER on a 5150 hold at any time. Read about the requirements for an Involuntary Mental Health Hold HERE.

The medical negligence comes into play over injections given to the plaintiff. Also, the moral question arises if the patient was not exhibiting acute psychiatric symptoms why did Dr. Yelena Koss, a psychiatrist (also named in the lawsuit), on staff at Mills-Peninsula Health Services give the plaintiff injections against her will? At what point do you determine where the civil rights of this patient were violated? Police remove her from a full service medical facility, tell her she is going for a ride to a hotel (she speaks another language), she gets injections of medication against her will, she is not found to qualify for a mental health hold (5150) and then she racks up an outpatient emergency room bill of more than $11,000 at Mills-Peninsula Health Services and is listed as self-pay!

Are you wondering how the case ends? After Mills-Peninsula Health Services observes, assesses, and apparently provides treatment (injections), they call it quits on the self-pay patient! Mills-Peninsula Health Services finishes the case by calling a cab because plaintiff’s car is parked at Kaiser Permanente Hospital in South San Francisco. The patient was loaded in a cab, bye, bye......

My advice, never accept a ride with the PoPo even if they promise to take you to a nice hotel for a rest, but if you get into the PoPo man’s car make sure you see a flashing sign that says "RITZ-CARLTON," that would be worth $11,000!

I Woke Up Thinking an Otolaryngologist (Jennifer Bock, M.D.) at Mills-Peninsula Health Services did an Edward Scissorhands on my Throat! Say Ouch!

Well, this was another Yelp review I wrote that just wouldn't stick! Yup, I tossed it out there because it was true and very necessary, but as I have told you in a previous post, the more serious the review on Yelp, the more likely it won't last!

Adverse events don't make the grade.

It appears to be "OK" to ramble on about doctors being late and disorganized, gripe about horrible parking, or rude office staff, and you will pass "go" and collect that wonderful reward of having a published review on Yelp.

Writing about a doctor who caused you multiple surgical complications which are backed up by facts is the perfect post for a blog.

I checked into the Mills Surgery Center for an extremely minor laser procedure on my left tonsillar area. My medical records reflect that the whole "operation/procedure" only took 45 minutes. Recovery time ended up being several weeks due to what I believe were preventable complications! At the start of the procedure the physician (Jennifer Bock-Hughes M.D.) in my opinion, did not even entertain the idea that some "adults" do not have a "one size fits all adult mouth."

All my life my dentists and orthodontist have joked about me having a small mouth (not literally) ha ha.....I had a previous procedure on my tonsil and nothing like this happened. Using a mouth gag which was "too large" when inserted cut up the back of my pharynx like a weed-whacker! Let's all say ouch together. I counted five different places where sutures were poking me every time I swallowed. My first thought upon awakening in a slight daze was "did Edward Scissorhands have anything to do with all the pain I was in?"

Now I ask you to take note that Dr. Bock-Hughes uses the proper words in the medical record, tears and lacerations, uh oh.....but only on page one. She does not note exactly how many tears or lacerations occurred. She also calls them superficial (guess that sounds better), however, she goes on to dictate that each laceration was closed with "several sutures." Which always left me wondering why so many "superficial" lacerations needed "so" many sutures?









Defensive documentation, ever heard of that? Well, after a complication or adverse event, if doctors follow the rules, you know, like be ethical and write in the medical record what REALLY happened.....it's supposed to be beneficial to the patient. However, a doctor can also sorta mix it up, fudge it to make complications sound better, well that is OK, right? NO! They actually have classes that teach physicians the art of defensive documentation. On page two of my medical record check it out, the lacerations I suffered were now only "abrasions." Wow, most every person I have ever heard of who had abrasions didn't need sutures! One minute, tears and lacerations, next the lesser of those two evils - abrasions.........





If the abrasions were so minor, why was I loaded up every 5 minutes with DEMEROL? Well, because as I recall I had multiple lacerations AND my bottom teeth also punctured my lower lip. I had a split in the middle of my lower lip and extreme swelling of the lip immediately after the procedure. For over a week I looked like I was in a bar room fight, yeah I was the loser......







Nurse notes badly swollen lip:







In case your wondering they DO have medical devices to prevent these kinds of injuries - a mouth gag that FITS and a lower LIP GUARD.......

I was really peeved at what happened because it could have been prevented. I also used a lotta, lotta, lip gloss due to the size of my lip!

Charge by Dr. Bock $1,200.00, discounts for complications = zero. Apology NEVER. Also, she refused to amend my medical records. Remember the HIPAA problems at Mills-Peninsula Health Services? You got it....all related and there is so much more to it.

She protected a colleague when my medical records were falsified. I didn't get a discount for that either. That story will be another day, another post.
Mills-Peninsula Medical Group Board of Directors Chief of Otolaryngology Ear Nose and Throat Associates ENT Pediatrics MPMG Dr. Bock Lumina Skin Medical Director

The San Mateo County District Attorney's Office Will Retry the William Hamilton Ayres case!

Thank you to the District Attorney's office for making a swift decision to retry the William Hamilton Ayres case. It is clearly the correct decision! Does Ayres really want to gamble knowing the odds are against him?

"A habit cannot be tossed out the window; it must be coaxed down the stairs a step at a time."

- Mark Twain -

Yelp is for Pizza, Not Healthcare! Is Yelp Reliable? Can Yelp Be Scammed? Read On.....

Excerpt from the San Mateo County Medical Association Bulletin (June 2009) by Patricia A. Daily, M.D., Anesthesiologist , Mills-Peninsula Health Services and member, Board of Directors, Mills-Peninsula Medical Group:

"I am a big fan of Web sites like TripAdvisor.com or Yelp.com. Recently, I was looking for a new internist. Where to turn? So naturally, I turned to Yelp and searched for area physicians. What an eye-opener!"

Dah......you're not kidding are ya doctor......

Recently, Mills-Peninsula Health Services added a Yelp button to their website. Exclaiming, can you Yelp me! So, yes, I gave it a go round and shot out my review about how Mills-Peninsula Health Services was investigated by the Office of Civil Rights, then subsequently found shamefaced of violating HIPAA, they had compromised my medical privacy for life! It was their very own Privacy Officer who ended up being the wrongdoer. Then, months later, the hospital was again in deep tapioca after releasing my medical information to the media! I wanted to be comme il faut with my Yelp review, and not overburden healthcare consumers, so I stayed on point and omitted that I was once misdiagnosed in the emergency room at the Mills Campus!

Funny thing though, my Yelp review kept being flagged or deleted. I posted it more than five times. Of course it was a completely true review of how you too can have your medical records strewn about town and then get beat up by Sutter for a couple of years. I wondered why my review based on absolute fact and something every patient of MPHS would want to know was no longer visible.

Surprisingly, the prior post I have on this blog with the actual documentation from the HIPAA investigations is one of the most popular and sought out pieces of information on the blog. What other hospital has been overburdened with many years of treading the deep waters of investigations by the Office of Civil Rights with high-ranking offenders? Where else can you get the actual documents except by filing a Freedom of Information Act Request?

I don't know who didn't want the information made available, or why Yelp removed my reviews, but I should thank them! I found a better way to get the information out, backed-up by facts, to you, the healthcare consumer, via a blog. The actual genuine documentation. It can be used however you wish.

In addition, I discovered one evening while researching the backstory on Yelp that there were a few cyperpunks who like to "punk or scam" Yelp and had created fake Yelp OPEN ID's. For a few hours to a few days the fake ID's gave anyone browsing the Intranet a free pass to use an ID and password already created to write a Yelp review. The reviews for this "consumer" or "Yelper," scanned like a cross country road trip of reviews ricocheting from city to city. I even looked at the photo that was uploaded, it looked like a magazine shot.


This is an actual photo of my Yelp review when I used a cyberpunk's open ID! Fake Photo......real review!











Do you really believe medical professionals select their physician based on Yelp reviews? Physicians who serve on the board of directors of large medical groups and hospital committees always, always, know who is a good doctor and who is on the verge of a disaster! All anyone has to do is "flag" a Yelp review, and boom batta bing, it's gone! Yelp is for fun, it is NOT a regulatory agency or even scientific data! There are no controls on who filters the information you get.

The best place to go for accurate information on adverse patient outcomes for Mills-Peninsula Health Services is the San Mateo County Superior Court open access records which reflect the lawsuits filed against the hospital. Until there is a better system, such as full public disclosure, I would never count on the accuracy of a Yelp review!

While you are at the courthouse give your doctor a check-up and look up their medical malpractice lawsuit history! Way, way, more eye-opening than a Yelp review!

Bottom line....you may be disappointed if a restaurant doesn't live up to a five star rating, but you could end up dead if you choose a "McLame" healthcare provider!

Yelp is fine for pizza, but not for healthcare!

Victoria Balfour - Investigative Journalist, Advocate, Citizen Whistleblower Left for New York Today!

Photo Taken by The Patient Advocate Knowing Exactly

What Victoria Balfour Was in For!

Photo of Victoria Balfour giving a "thumbs up" before getting on the "Giant Dipper" in Santa Cruz, California, in July 2009.





It is with a fond word of farewell (but never goodbye) that Victoria Balfour left San Mateo County and headed back to New York today!

I first met Victoria Balfour in February of 2009 when she invited me to attend her CCAT presentation regarding her investigative work on the William Hamilton Ayres child molestation case. I had been commenting at the William Ayres Watchdog site about my own struggles with the medical profession, i.e., falsified medical records, and physicians covering for their own.

Victoria Balfour and I hit it off right away. Sometimes it feels like it takes a very long time to get to know someone, but Vicki really does wear her heart on her sleeve and I felt we had a juxtaposed connection.

Her investigative skills and research are admirable. She is gutsy and just straight up genuine. We may never know why, or how we become the chosen one for the cause that we take under our wing, and how many winding turns our journey will take us on, but somehow I am certain Victoria Balfour will be able to handle the ride.

On a humorous note, I took Victoria to Santa Cruz to get away from the courtroom proceedings (the weekend coastal drive was gorgeous) and she says "oh yeah" I can ride the "Giant Dipper," she is chatting with the kids waiting in line to ride the dipper, "scary? ," kids say "no ma’am."

Victoria Balfour gets on the Giant Dipper, it takes off, she is immediately screaming, "never again," refusing to open her eyes, the people around us are laughing, (including me, sorry my bad).

Some facts about the Giant Dipper in Santa Cruz: 85 years old, goes 55 m.p.h., the ride is ONLY 1 minute and 52 seconds long! It is a historic roller coaster, one of two wooden roller coasters left in the entire United States (the other wooden roller coaster is in New Jersey).

Well, Victoria, I hope you don’t blame me (like... forever) for that ride. Although, she said something to the effect "next time find another willing victim, curse *** bleep *** you Patient Advocate......curse you again today and tomorrow too!"

I am more than sure Victoria Balfour will return to California, but I am not going to speculate on whether she would ever, ever, ride the Giant Dipper again.

It's not the size of the dog in the fight, it's the size of the fight in the dog. - Mark Twain-

Now is the time to contact the District Attorney and demand a retrial! All the information is below this post. I urge you to continue with asking for what is fair and just in this case , a retrial. Please get your letters in by August 28, 2009.

Letter of Appeal to the Office of the San Mateo County District Attorney's Office to Retry the William Hamilton Ayres Case

Update August 10, 2009

It's Official the Case Will Be Retried

Click HERE to Read the San Mateo County Times Article

June 28, 2009

Honorable Beth Labson Freeman
Assistant Presiding Judge
Department 3, Courtroom 2L
400 County Center
Redwood City, CA 94063

Office of the San Mateo County District Attorney
James P. Fox, District Attorney
Stephen M. Wagstaffe, Chief Deputy
400 County Center
Redwood City, CA 94063

Re: Retrial Hearing William Hamilton Ayres - Currently Scheduled for August 28, 2009 - Criminal Case SC064366

Dear Honorable Beth Labson Freeman, Mr. James P. Fox and Mr. Stephen M. Wagstaffe,

As a concerned citizen and registered voter of San Mateo County I implore you on behalf of all concerned citizens to make it your top priority to retry William Hamilton Ayres.

I would also urge you to reject a plea deal if offered by defense lawyer Doron Weinberg which would let William Hamilton Ayres evade another trial altogether.

There are at last count (at least, if not more than) 41 alleged victims of child molestation which spanned the career of William Hamilton Ayres.

Rather than strike a deal, prosecutors ought to demand a retrial and seek the maximum penalties allowed by law, including incarceration and fines if any.

Please don’t resolve a felony child molestation case without due consideration to the alleged victims in this case, as there are far too many!

If our court system dismisses this case altogether, it could have serious implications for future victims to come forward and speak about their abuse. Dismissing this case would likely perpetuate the cycle of abuse in the medical profession and this would have very serious ramifications for all patients for generations to come.

Thank you for recognizing the gravity of these alleged crimes and for your attention to my concerns. I look forward to hearing from you.

End of Letter

PDF OF LETTER TO PRINT HERE

EMAIL ME AT patientadvocate10@gmail.com I WILL BE HAPPY TO FOWARD YOU A PDF OF THE DOCUMENT VIA EMAIL!) IN ADDITION, YOU CAN COPY THE TEXT FROM THE POST AND PASTE INTO A WORD DOCUMENT OR PASTE IT INTO YOUR EMAIL AND FORWARD TO THE DISTRICT ATTORNEY AT: jfox@co.sanmateo.ca.us.

William H. Ayres - After the Mistrial, Now Is Not the Time To Give Up Hope! The People Want the Case Retried! We Will Work Toward that Goal Together!

"Many a small thing has been made large by the right kind of advertising. " - Mark Twain -

This is an open call to all those who support the sexual abuse victims of William Hamilton Ayres, use your voice and pen and be heard!

There will be a hearing on August 28th, 2009, determining if the case will be retried.

There is still a lot that can be done. I have not given up hope that this case will be retried. The mistrial is just a small setback. Never be afraid to sit awhile and think.

This case was a long time in the making. Yes, the mistrial is one step back. It feels like justice denied today, but for this moment I want to think about the positive experiences, the wonderful people who came together during the process. People really care about the victims and only want the best for them. The pain is sometimes unbearable, but I have hope and I know that there are so many people out there who would go out on a limb for each and every one of you.

Victoria Balfour you did one hell of a job! How did you drag San Mateo's own Vinnie Gigante to hell and back? Like you are only a size 2 (I'm jealous, that's green with envy, you little powerhouse)! But you did that.

Deep Sounding, your strength, your dedication, your intelligence and your wonderful family. You have a lot, you have given a lot. You need to thank yourself everyday for having given me courage! Might I add you are so smart "dude" (also green with envy)!

To the parents of the victims for opening up your homes and sharing your stories, it's just a marvel to me. All of you, my life is richer for having met each and every one of you!

We still have a lot of hope, I know I do, I will always be a runner up in the justice department, but I know I am a winner because I never gave up. There is a "Sea Biscuit" in all of us.........I may not win the race every time, but there is a lot to be said for never giving up.

Special prayers and bless every one of you "extra" for a few days while we move forward.

Ayres vs. Peninsula Psychiatric Associates - Piercing the Corporate Veil!

Click on each document to enlarge!

Makes for a great weekend read. This letter was obtained from the civil lawsuit which William Hamilton Ayres filed against his own medical group! Rumor has it that Ayres is currently seeking donations to help with his legal bills!

Parents Unite! - Now is the Time to Boycott Etta Bryant M.D.! Ayres, a Former Colleague is on Trial for Child Molestation! Bryant Supports Him!

Where in the World Was Etta Bryant M.D. today?



Where was Etta Bryant M.D. today? This "doctor" was a long time member of the Peninsula Psychiatric Associates, the former group practice of William Hamilton Ayres, now on trial for alleged lewd and lascivious acts with children. Ayres even "sued" the PPA, Etta Bryant M.D. was a member at the time. The group is defunct now!

Would you support someone who sued you? Other former members in a letter written by an attorney are bitter.

In the above candid photo Etta Bryant M.D. walks into the San Mateo County Superior Courthouse followed by Robert Ayres, the son of William Hamilton Ayres.

So was Etta Bryant M.D. a long supporter of Ayres really in court today? Well our roving reporter took a spin past her house in the San Mateo Hills and her car wasn't parked in the driveway.

But as you can see Bryant's garden was "lovely" today. Ayres likes to use the word "lovely."










Our roving reporter took a chance that Dr. Bryant might be at her office at 1777 Borel Place in San Mateo treating patients, mostly children, didn't seem like she was there either......

Well, folks you guessed it! Etta Bryant M.D. was parked at the San Mateo County Superior Courthouse to support William Hamilton Ayres. She wrote a letter supporting him, she is known to visit him at his rented condo. So let me think this through. Ayres sued the PPA, she was a member, the group went defunct, she doesn't show up to hear any of the testimony of the alleged victims, but she will show up to support William Hamilton Ayres. She worked with Ayres through his history of allegations. She knew he settled a civil suit with a victim. She had to move her practice, can't be easy when you were sharing and caring all these years to pack up, move, be sued, hang out with a former colleague (stripped of his license by the Medical Board of California) who sold his pride and joy home in Hillsborough, now he is on trial. Oh well, she can support him if she wants to.

There is no way any parent should support having Etta Bryant M.D. treating your kids! Screw YELP reviews! If she supports him she will do nothing for your children, I am urging anybody out there to boycott Etta Bryant M.D.! If you need even more proof, do you want a shrink treating your kids who hangs out with a former doctor who had child porn? Click Below:

McBride Nude Boy Photos

Is this the Spiritual Advisor a Juror Saw Before Checking out of the William Hamilton Ayres Trial?

There have and continue to be some strange occurrences in the William Hamilton Ayres trial! The San Mateo Daily Journal shut down the forum more than a week ago! Us folks from the San Mateo Area must be a bit feisty or something. The paper claims we bash certain people.

Usually, we are well-behaved that is why we made the news in the first place. California usually known for liberal view points has this case in a swirl of controversy, not since the blogging going on over Prop 8 have we seen such a debate going on....

Here are some of the little aspects of the trial that caught our eye so far:

1. A juror dropped out after possibly seeing a spiritual advisor or talking about the case, both the same thing I guess.

2. The San Mateo Journal closed the public forum, the place where us well-healed residents were hashing things out. Not sure if it was all the comments about the District Attorney's office or the one person who didn't want the pedophile book URL published! Remember the god awful book Ayres had called The Coming of Age?

3. The BIGGEST by far is Victoria Balfour, the journalist making national news, the Huffington Post. First Amendment rights stepped on, a potential Doron Weinberg witness. Wagstaffe has a little egg on his face in the press. Pretend I am using my best "Andy Rooney" voice, "I sent him a few emails but Wagstaffe ignored them." Guess he is to busy with the reporters, can't respond to registered voters!

Latest link to an article in the San Mateo County Times sums up some of the side issues:

Click here to read.

And yes, to the William Hamilton Ayres Watchdog site bloggers, I know that many of us would still like to know how many times Solveig wears that peacock blue outfit......thank you for reporting that! Please note: The PEACOCK blue color of the font!

On a more serious note though, thank you to the victims and families. Please know that you have a tremendous amount of support from the community for all you have done to bring this case to where it is today, at trial!

San Mateo County District Attorney's Office Makes National News In William Hamilton Ayres Case!

The Awareness Center is a strong supporter

of Victoria Balfour.

People v. Ayres: Where's the Justice?

By Robin Sax
Huffington Post - June 25, 2009

Why are the prosecutor and the defense attorney in cahoots to keep a journalist from observing the Dr. William Ayres child molestation trial in Redwood City? Yup, you read correctly. A journalist who is simply reporting on the trial for the San Diego Reader and who is writing a book has been excluded from the proceedings under the auspices of a subpoena to appear in court as a "witness" that was handed to her by Doron Weinberg, the defense attorney in the case. But, is Balfour really a witness? Or is the exclusion of Balfour merely a ploy to keep the public from knowing about and hearing about the trial? If you ask Balfour she will tell you what she told me, "I am being punished by Weinberg and have been betrayed by the District Attorney's Office."

This is an issue I became aware of about two weeks ago, and I was hoping that the prosecutor, the defense and the court would do the right thing before I opened my big mouth -- but apparently it wasn't going to happen.

So, here's the backstory: In the case of People v. Ayres, Dr. William Hamilton Ayres, now 77, is accused of sexually assaulting dozens of preadolescent male patients from as far back as the 1970's. Some of you may wonder how a 77-year-old can be facing charges from so many years ago. Well, there's a reason why we can put a longtime predator behind bars:

STATUTE OF LIMITATIONS, CALIFORNIA

The reason this case can be prosecuted is the section of the penal code that allows for a lengthy period of time to file child sexual assault charges. Each state has its own prescribed length of time during which a case can be brought. In California, you can file felony child sexual assault charges for up to ten years after the event, and an extension can be granted if certain legal hurdles are overcome.

This extension has been an accepted part of case law because it is well known that children can delay disclosing sexual abuse for many years. Through the extension of the statute of limitations and the corroboration of various victims, Dr. Ayres is now facing 10 counts of felony molestation.

VICTORIA BALFOUR, INVESTIGATIVE JOURNALIST

Victoria Balfour, an investigative journalist and former reporter for People magazine, brought attention to the case of Dr. Ayers to insure that justice was done. Thanks to Balfour's investigative leads as a journalist, she was able to turn her contacts over to the District Attorney's Office, who then filed the case.

So here we find the case filed -- with the statute of limitations on the prosecutor's side -- thanks to the work of a committed journalist to insure justice. Ayres is now on trial, and one would think that Victoria Balfour would be hailed for her good work. But what thanks does the noble Balfour get? A big fat "exclusion order."

Yes, you read correctly. The very journalist who helped bring the case to justice and now wishes to simply report on the case to the public is being excluded under the auspices of a BS subpoena handed to her by the defense attorney.

An exclusion order in a criminal case is handed down if a person is a potential witness. It's meant to prevent that witness from basing his or her testimony on that of others, and to make sure the integrity of one witness's examination is not tainted by the statements or perceptions of another witness.

Yes, attorneys can legally request that witnesses can be excluded based on the fact that they are "potential witnesses." But even a loose use of "potential witness" still requires some basis for calling that witness. And what testimony would that be, Mr. Weinberg? Ms. Balfour isn't a witness -- she's a journalist covering the story like so many others!

Mr. Weinberg, you haven't interviewed, spoken to, or even asked Balfour a question. There is nothing that she can say that can possibly help you or your client. So why are you doing keeping her from doing her job?

The legalese doesn't fool us. Could it be that you don't want the public to see another one of your clients get convicted -- especially so soon after your client, Phil Spector, was convicted of 2nd degree murder nearly a month ago.

Turning to the prosecution now -- Melissa McKowan, where are you? Why aren't you standing up for the reporter who has been there for you? Where is your request for an offer of proof in terms of why Balfour is being called? What are you afraid of? Why aren't you even putting up a fight? And perhaps more important, what axe do you have to grind with Ms. Balfour? Is there a similar issue with any of the other "potential witnesses" watching the trial? Why isn't the victim's mother not a potential witness?

We all know that the prosecutor has a say -- a powerful say. So use that voice of yours and put the screws to the defense and the court. Go ahead, Ms. McKowan, and give those answers that people are waiting to hear!

From this trial will arise messages that the public needs to hear. And if not for journalists who take the time to write articles and books, the stories will remain locked within the four walls of a courtroom. The public needs to know that justice delayed is still justice. The public needs to know that boys were victimized. The public needs to understand how people in positions of trust manipulate their authority to gain access to kids.

Child sexual assault is already a crime that occurs behind closed doors. Let's end that legacy by tearing down those doors and giving "the people" the information that they need. By keeping Victoria Balfour out of court, the system is victimizing the public and denying us the access to the information that we so desperately need.

Following the William Hamilton Ayres Trial - Revelations in Justice for Patients

Last night I was pondering the case of William Hamilton Ayres over a cup of cappuchino at Il Fornaio restaurant in Burlingame after a lovely dinner.

Just when patients and parents and victims were following the case, in a stunning revelation Victoria Balfour the journalist from New York who flew out to California to be an advocate for the victims themselves, was banished from the court room.

Apparently, Doron Weinberg, the defense attorney, (who just lost the Phil Spector murder trial) for William Hamilton Ayres filed a Notice of Proof after discovering Balfour was in town that he may or may not need her testimony as a witness.

Those close to the case believe that the District Attorney and Weinberg himself want Victoria Balfour, the very person who nearly handed the case to our District Attorney's office, to be out on the sidelines.

From an advocacy point for the victims Victoria Balfour has been the catalyst who moved the case forward to where it stands today, awaiting the selection of a jury.

Now our very own District Attorney of San Mateo is not helping Victoria Balfour with her rights as an advocate for the victims, as well as her right to continue to follow the case and present the information to the public!

Seems to me there is some dirty pool going on in our little town when the "victim and patient advocate" who has worked for seven years on this case, was never on the witness list, flew in from New York, was then spotted by Ayres and his defense attorney was banished from attending the trial......... Come on Jim P. Fox, get your staff together and figure this one out!

By the way, is the District Attorney's office going to bring charges against all the doctors who helped foster the case along for so many years?.......oh that's right William Hamiliton Ayres M.D. arrested in 2007 was a pillar of the community. He was also a member of the San Mateo County Medical Association, a member for many years. Sue Malone (the Executive Director) expressed shock after Ayres arrest....

If you kept your complaint a secret the San Mateo County Medical Association will keep it a secret too! Just for clarification, in case you are wondering how this happened...........the organization doesn't do peer review if you have contacted, the police, the Medical Board of California or an attorney!

I guess that is what happened to to these victims of sexual abuse at the hands of a doctor.

Allegations that go back to 1966! Finally they have an advocate in Victoria Balfour but our District Attorney's office (might I remind you it was our County Court Services who referred some of the alleged victims to Ayres) still can't get it right.

Doron Weinberg....uhm maybe, might, be just a tad upset coming off a losing case where his client was sent to prison (19 to life) that he will banish a journalist from the court proceedings!

Office of Civil Rights Closing Letter on Impermissible Disclosure of Patient Information to the Media

Mills-Peninsula Health Services violated HIPAA by an impermissible disclosure of patient information to the media!

It is clear from "Google" search information on this blog that the general population is clearly dying to see any public information on hospitals who have failed to adhere to the Federal HIPAA standards on medical privacy.

Well, they need not search much farther as it appears that MPHS is leading the pack with the hefty violations. First, their own Privacy Officer was the offender. Then, the Hospital Spokesperson (who had days to attempt to find out whether she was even allowed to speak to the media) violated HIPAA by saying she had the right to report matters of public record about patients!

Did you ever imagine that Mills-Peninsula Health Services was the source to release all YOUR matters of public record up to and including reports you have made to JCAHO and the Medical Board of California to the media? They claim they were!

Kaiser was fined $250,000 after employees and staff snooped in Octomom's medical records. Farrah Fawcett proved employees at UCLA were selling her medical information to the tabloids. Many employees were fired, one faced criminal charges.

However, Mills-Peninsula has the highest ranking offenders the PRIVACY OFFICER and the HOSPITAL SPOKESPERSON violating HIPAA (very rare) and they don't get fired! MPHS doesn't even get fined one penny.

I guess medical privacy is for celebrities only.

MPHS can release matters of public record about you, blather on in the press all to smear you and they get less than a slap on the hand by the Office of Civil Rights.

After another lengthy investigation by the Office of Civil Rights the closing letter states:

"Therefore, the covered entity impermissibly disclosed the complainant’s PHI under the Privacy Rule with respect to the specific allegation."

Of note, one excuse that Mills-Peninsula Health Services gave to the OCR:

"During the Investigation, the covered entity acknowledged that it had mistakenly interpreted the HIPAA regulation but explained that it had relied on legal advice from Sutter Health that was given in good faith and based on general guides provided by the California Hospital Association."

Click on each page to enlarge:




























































If the Office of Civil Rights would start fining covered entities for such violations we could solve the budget woes of the already understaffed Office of Civil Rights! Notice the case took nearly two years to resolve. I can tell you there was no good faith by Sutter Health in this matter from my perspective.

I believe Sutter legal counsel knew it was a violation and they just wanted to play the game.

Wrong Patient Procedure Causes Injury at Mills-Peninsula Health Services

We have all heard of wrong site surgery, or performing the surgery on the wrong limb of the patient, usually a mix up between left and right.

Wrong-side/wrong-site, wrong-procedure, and wrong-patient adverse events (WSPEs) are devastating, unacceptable, and often result in litigation, but their frequency and root causes are unknown.

The following is summarized from a lawsuit which was filed against Mills-Peninsula Health Services for a WSPE wherein surgery was mistakenly performed on a patient:

“While in the intensive care unit (ICU) a right chest tube was inserted into a patient by Mark Goodman M.D. The medical records clearly indicate and Dr. Goodman the surgeon has stated that the tube was inserted as a result of viewing an x-ray of a similarly named patient which caused Dr. Goodman to believe the patient had a collapsed lung. The tube was inserted to inflate what was believed to be a collapsed lung. However, there was no collapsed lung. The tube was immediately removed when the mistake was realized.”

End

So, if your wondering what happened to the patient, well after the tube was inserted and the lung was overinflated because it was not collapsed the patient suffered a collapsed lung as the result of the mix-up of the x-rays.

Every now and again, I flip channels on the t.v. and they have a medical program on and a patient is writhing in pain and the rib area is blurred out as they show a doctor cutting and inserting a chest tube. I usually flip the channel back to the Food Network which is much better to watch. They don’t blur out the food!

Here’s the kicker. Mills-Peninsula always wants to play the blame game. They claim there was another patient with a similar name.....uh, I have looked at this patient’s name several times and there is nothing common about it all, if I was on a spelling bee team with 20 years of practice I would still have trouble spelling it!

The doctor wants to say it was a staffer who threw the x-ray up on the machine and that’s why he performed a procedure on the wrong patient. Usually staff goes mute, but in this case they will point the finger at one another, or as it is referred to in reality shows “throw someone under the bus to save yourself.”

Wrong-side/wrong-site, wrong-procedure, and wrong-patient adverse events, are more common than health care providers and patients appreciate.

Oh yeah, in case you are wondering, the case was settled out of court in 2005. Hopefully, Mills-Peninsula Health Services has procedures in place to prevent this from happening again.

Patient Rape at Mills-Peninsula Health Services, the Subject No One Wants to Talk About

Crimes can and do occur in hospitals. Nobody from the hospital is going to tell you!

I tried to find a reliable source for the statistics on how many rapes occur in hospitals and it appears that the reports of sexual assaults in hospitals are not very well known. Obviously, there is no way that the members of the public are going to find this information out.

Yes, patient rape is a very sensitive subject indeed. No one wants to "believe" that it could happen (especially at Mills-Peninsula Health Services). According to court documents patient rape did occur at Mills-Peninsula Health Services. As always, I never use the real names of any patients contained in the court files.

No one in Burlingame wants to imagine that patient rape could occur at our community hospital. As we rush off to our soccer games, fundraisers and shopping on the "Avenue", driving our cars and sneaking in a call on our cell phones, those of us who use the hospital for our family needs would rather not let the idea of "rape at the hospital" enter into our daily lives.

Therefore, as much as I was shocked by this case and would love to see it through "rose colored-glasses" for your own safety it is important to read on.

Case History Summarized from San Mateo County Superior Court Records:

Jane Doe was "a voluntary inpatient" in the psychiatric ward of Mills-Peninsula Health Services. John Doe was "a non-voluntary inpatient" in the psychiatric ward with a propensity for violence which was known by the defendant (Mills-Peninsula Health Services). Due to lack of supervision John Doe was allowed to accost and sexually assault Jane Doe for and/or in excess of 15 minutes within earshot of on duty hospital personnel. Jane Doe screamed for help. Jane Doe even had another patient try to get help.

The defendant (Mills-Peninsula Health Services) did not report the incident to the police for 6 hours.

End

This is a horrible case. I was shocked that the hospital does not have a separate facility for those committed to the hospital on a non-voluntary basis for various reasons. Shocking really doesn't begin to sum up this case.

Even more shocking is the hospital feels that the 5150 patient should be at fault....wait, what, patients are vulnerable by merely being treated and have lost autonomy by various medications etc, we expect the hospital to have safeguards in place to protect us.

All of us have difficult times and for this unfortunate patient she will now more than likely suffer further emotional trauma, all because she took the proactive stance of getting help from a hospital which is JCAHO certified, HealthGrades finds them to be distinguished, and the hospital says they are a top "100".........I just don't know what else to say.

The case was settled out of court in 2007. Who would be able to stomach hearing this in a court room.

When Things Go Awry, Elders Are Injured, Who Can the Family Turn to For Answers?

Click to enlarge image (actual court document):

If you learn that your loved one was injured in the hospital you would probably want to know what happened to them. You would want to know how and why the injury happened.

Mills-Peninsula Hospital (according to a lawsuit that was filed with the courts) had an elderly patient admitted who sustained an injury after something dropped on her leg and the patient subsequently died. The woman's son just wanted to know what had happened to his mother who was 92 years old but could not get an answer from the defendant.

The Joint Commission on Accreditation of Healthcare Organizations has required hospitals to disclose errors that cause harm. But not all facilities make it a practice.

It appears that staff at Mills-Peninsula Health Services (according to court documents) refused to end the family's suffering and provide an explanation as to what happened to the 92-year-old woman.

Hospitals must disclose medical errors to affected patients, but how news of an adverse outcome is delivered can influence patients' and loved ones' perceptions of the facility and caregivers.

Maintaining trust can influence whether most patients and their families will file a lawsuit. Generally, angry relatives or patients file lawsuits in an effort to ease their suffering when they can’t find out if their loved one died because of a preventable injury.

It just makes good sense to inform patients of injuries caused by dropping patients, falls and other types of accidents.

In this case, it appears that the son was not able to find out what happened to his elderly mother and stated the defendant, Mills-Peninsula Hospital refused to disclose the information.

Follow-Up With Honorable Senator Leland Yee - Mandatory Reporting and the SMCMA

One month has passed and I never heard from Senator Yee. I have resent the letter with this cover letter:

April 10, 2009

Honorable Senator Leland Yee
400 S. El Camino Real, Suite 630
San Mateo, CA 94402

Subject: New Legislation Request - Peer Review - San Mateo County Medical Association - Please Help Us Take the Shackles Off Peer Review - Second Request

Dear Senator Yee:

I am writing to follow-up on a letter which I sent to your office on March 9, 2009. As of today’s date, I have not received a response from you or your staff on the above-mentioned topic.
I was hoping to receive a status update in the near future.

I understand that your office must receive a large number of requests that require review, but the importance of this matter to the public safety and welfare of children and patients should be a high priority.

I am attaching a copy of the original letter for your convenience. I would truly appreciate your assistance on this most important matter.

Mills-Peninsula Health Services Fires Housekeeper, She Wants Paid, They Lose the Time Sheets

Not Even a Private Investigator Could Find the Time Sheets of a Terminated Employee at Mills-Peninsula Health Services!

Have you ever watched the people who polish the corridors, who strip the sheets, who empty the trash cans, and realize that a lot of them are immigrants, many of them have second jobs, most of them are just scraping by? I wager the doctors at the hospital barely know their names.

Most of them recognize you with a grin or smile. It doesn’t take much to realize they have a very challenging job. Many of us could only get through it if we thought we were on a reality show competing for a prize handed out by Donald Trump!

This is the story of a "housekeeper"at Mills-Peninsula Health Services who filed at lawsuit in 2007 alleging she made a request to be paid her true and actual wages for the work she performed and was terminated for requesting such pay. (The case was settled on March 6, 2009 in lieu of a trial.)

Summary of Factual Allegations from the Court Records:

The housekeeper was employed for about fourteen years at Mills-Peninsula Health Services. She spoke mostly Mandarin, and worked many long hours and never received overtime pay. She exerted a lot of time and effort during these fourteen years working as a housekeeper.

Something must have awakened her knowledge and she asked to be paid for overtime hours. After asking for what was justifiably owed to her Mills-Peninsula Health Services terminated the employee. This was after fourteen years of service doing a job many of us would struggle to survive through.

Mills-Peninsula Hospital filed a response saying that her behavior became "erratic" and this is why she was fired. I surmise that after fourteen years of no pay for her time worked beyond normal shifts just about anybody would become erratic. She also claimed gender, age, and disability discrimination.

Here is where the case took an interesting turn in my mind. The "housekeeper" hired a private investigator to help search for the time sheets as they would have been "direct evidence" in the case and would have proved without a doubt her hours worked matched the wages paid but the time sheets just simply disappeared into thin air!

From the Court Records:

Plaintiff hired licensed private investigators to help her obtain her pay records from the hospital and prove that the hospital had refused to properly pay her wages and PTO pay.

One of those investigators, Edward Piggins, met with Mills’ Claudia Christensen on April 14, 2005, and asked her to account for missing time sheets. That investigator documented the meeting as follows:

"We reviewed the daily log records for October, November and December of 2003. This would have included the days that Plaintiff was at work. The investigator noted in reviewing these records that there were more than twenty days in each of these three months in which Plaintiffs name did not appear. In addition, several sheets with the names of employees were missing from the records. Because of these errors on the part of the Hospital, it would be impossible to determine the correct amount of pay for Plaintiff.

After continually asking Claudia Christensen what had happened to these records, she repeatedly responded to the investigator, "I don’t know."

In short, it appeared that the Hospital had been negligent in providing Plaintiff with a proper accounting of the actual days that she worked at the Hospital for October, November and December of 2003. It is this Investigator’s recommendation that should the Hospital not be able to account for these missing records, Plaintiff should demand complete payment for total days worked during those months. If the records cannot be located or verified for those months then this investigator believes that plaintiff has a civil matter to be filed with the courts."

My Comments:

I like to play a game called "WWTJD".......or - what would the jury do! Well, if the hospital loses records on purpose or "for real"........I as a juror in the case would find that very suspicious.

I don't know what happened to the time sheets, were they shredded, mailed out in error like my medical records?

I guess we will never know. Make a copy of your time sheets my dear underpaid and over-worked housekeepers! The public appreciates your efforts!

National Doctor’s Day is on March 30th - Do Patients Have Anything to Celebrate at MPHS?

A few years ago I got a request in the mail from the Mills-Peninsula Hospital Foundation asking that I contribute a donation to the hospital in honor of a physician who has made a difference in my life, yippee, they had their paper cup out asking for a handout to help out the depleted bank account of the old hospital (while the cost of the new hospital skyrockets to more than $450 million).

The doctors make a wish list called the "Physicians Capital Wish List" for equipment that would improve the quality of patient health care and supposedly make your life as patient safer.

After being harassed for years by the Sutter Health attorneys for filing a HIPAA privacy complaint and then having Robert W. Merwin the CEO of Mills-Peninsula Health Services blow off my concerns about condemnable behavior by a physician at the hospital, I realized my giving spirit had just got up and gone forever. I also realized I don’t pass out accolades to physicians anymore. It’s just inconceivable after being the victim of a medical crime that could have cost me my life. How can Mills-Peninsula Health Services be safe when patients are not able to break through the white wall of silence?

Our local physicians just look at each patient as their next monthly capitization payment or "rent-a-patient." If the docs keep you in their waiting room long enough, maybe you won’t come back for a few months out of arrant frustration and their patient rental payment turns out to be a profit at the expense of your health.

So, I exercised my right to have my name removed from any "marketing" activity conducted by the Mills-Peninsula Hospital Foundation by writing to John Loder, the Foundation President. I demanded the Foundation discontinue mailing marketing materials seeking money from me or my family.

In 2006, Sutter Health settled a $275 million dollar lawsuit for overcharging uninsured patients (excerpt below):

Sutter Health on Thursday settled a class-action lawsuit valued at more than $275 million brought by uninsured patients who said they were overcharged for care and targets of aggressive billing practices.

The settlement, approved by a Sacramento Superior Court judge, allows thousands of patients to make refund claims of between 25 percent and 45 percent of their prior hospital bills.

Read about the $275M settlement - Click Here!

If Sutter Health and Mills-Peninsula Health Services wasn’t paying out astronomic lawsuit settlements regarding patient overcharging, patient deaths, etc. they wouldn’t ask patients (who already foot the bill) to fulfill the wish list they have through "philanthropy."

They never ask patients what our wish list is do they?

I do hope Mills-Peninsula Health Services can still afford to give the doctor’s a few pancakes for breakfast on National Doctor’s Day (most hospitals tend to do this), but on their own dime and time. Or even better, give the docs a gift certificate for McDonald’s they have a great breakfast platter served in a nice Styrofoam box.......it’s full of calories and cholesterol, but it won’t kill you if you have it once in awhile.

Sexual Abuse of a Patient, Dr. Witzig and Mills-Peninsula Health Services - Part 2

Last words on Dr. Witzig. An update to the February 16, 2009 Post - Calling Dr. Witzig, It’s Time for My Employee Physical!

Well folks, the Medical Board of California sent me the Public Record Documents on Dr. Witzig. The physician who allegedly pulled down women’s underwear while administering employee physicals at MPHS. Mr. Timothy Hill was terminated from employment for attempting to report his behavior to Bob Merwin the CEO of Mills-Peninsula Health Services.

The Medical Board of California documents are summarized as follows:

Evidence presented to Stewart A. Judson, Administrative Law Judge, State of California, Office of Administrative Hearings, heard on October 16, 17, 18 and 19, 1995 at Oakland, California.

Findings of Fact:

"Throughout his practice, respondent (Dr. Witzig) has held numerous professional posts such as Vice-Chair of the Department of General Practice, and Chair of the Emergency Room Committee; Chair of the Department of General Practice and Vice-Chief of Staff and Chair of Professional Standards; Chief of Staff, all at Peninsula Hospital; Chair of the Mills-Peninsula Formulary Committee and member of Cost Containment and Quality Assurance Committees; Medical Director of Emergency Department, and Medical Director of Employee/Occupational Health at Mills-Peninsula Hospitals."

Dr. Witzig was married and had four adopted children.

Dr. Witzig purchased a medical practice and assumed the responsibilities of becoming Jane Doe’s primary physician and treated her for colds, influenza, depression and psoriasis. Jane Doe also saw Dr. Witzig for OB/GYN examinations.

Jane Doe graduated from psychotherapy after a depressive reaction and had a dinner party for her group and others and invited Dr. Witzig. Jane Doe had been drinking and asked Dr. Witzig to Drive her home. She invited him in. They drank, "petted," kissed and held each other. Dr. Witzig left at 6:00 a.m.

Four days later Dr. Witzig contacted Jane Doe and asked her to apologize to his wife for keeping him out so late. One month later Dr. Witzig invited Jane Doe to dinner because his wife was away. The two went to a bar for drinks. Dr. Witzig then suggested they take out some food to Jane Doe’s apartment. There they dined and went to bed.

Without further describing in great detail the development of the relationship, Dr. Witzig concedes he carried on an illicit affair for twelve years during which he also treated Jane Doe as a patient. While it may appear, on the surface that Jane Doe was the instigator of the liaison, the evidence shows respondent willingly insinuated himself into the intrigue conceding that he thought it might result in a sexual relationship with his patient. During the sexual relationship, Dr. Witzig and Jane Doe met weekly at Jane Doe’s apartment, at Dr. Witzig’s house, or at Dr. Witzig’s father-in-laws’ house.

Late in 1991, Dr. Witzig was offered a position with Peninsula Health. He decided to accept in December 1991. By letter dated February 18, 1992, Dr. Witzig notified all patients he was leaving his practice.

On May 5, 1992, Dr. Witzig informed Jane Doe that their relationship was finished and he told her that he wanted to distance himself from her. Although Jane Doe denies threatening Dr. Witzig, he did obtain a restraining order against her. Jane Doe contacted Dr. Witzig’s wife about their illicit affair and later informed the Board.

Determination of Issues:

Section 726 of the California Health and Safety Code states that the commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer which is substantially related to the qualifications, functions or duties of the occupation for which a license was issued constitutes unprofessional conduct and grounds for disciplinary action for any person licensed under this Division.

First Accusation Filed by the Medical Board of California on December 1, 1994

First Amended Accusation Filed by the Medical Board of California on September 22, 1995

Final Decision Effective May 17, 1996

Seven Years Probation, Ethics Course, Psychiatric Evaluation, Cost Reimbursement of $28,320.35 for investigative and prosecution costs.

My Comments: Nice to know how far you can get in the medical community after so many years of sexually abusing a VULNERABLE patient. Job offers and highly regarded positions on ethical committees. The courts will grant you a restraining order after you victimize a patient. As a doctor you can continue with your employment during the investigative and prosecutorial phases which took years. Robert Merwin will terminate an employee if he intends to report sexual abuse. Isn’t medicine a wondrous entity? Is it any wonder after Dr. Witzig was no longer getting sexual gratification by abusing patient Jane Doe he turned to other female patients? He got away with it for a long time.......

In case you are curious, Mr. Timothy Hill won the judgement in the court case. He was wrongfully terminated from Mills-Peninsula Health Services (click to enlarge).

Take the Shackles off Peer Review! Appeal to Congresswoman Jackie Speier and the SMCMA!

This is a "shout out" to all the members of the San Mateo County Medical Association and the Peer Review Committee at Mills Peninsula Health Services and also any physician who cares about their patients.

The following letter was sent to Congresswoman Jackie Speier today. Why? Well, I got back the Medical Board of California public record documents regarding Dr. Witzig (a former Chief of Staff) at Mills Peninsula Health Services. The documents reflect that he had a twelve-year sexual relationship with a female patient at the same time he over prescribed "Restoril" (a drug intended to be used for a short period of time). Dr. Witzig even demanded this patient call his wife one evening to make the patient apologize for him coming home late! How much worse does it have to get? Dr. Witzig was in the thrones of this investigation when he was offered a job a Mills Peninsula Health Services in 1991. He then had more allegations made regarding sexual misconduct by employees at MPHS before his license was eventually cancelled for non-completion of his probation.

The cases of sexual abuse and physicians have gone on far too long in San Mateo County. Patients need protection when physicians cross the boundaries between the patient/physician relationship.

In addition, this post is particularly dedicated to my friends at the William Hamilton Ayres Watchdog Site. A lifetime of suffering, still seeking justice.

I ask any doctor what would you do if it happened to someone in your family? Can the patients is San Mateo County count on you to protect us from medical crimes or will you bury your head in the sand...........

UPDATE: MARCH 10, 2009 - I received a personal call from the office of Congresswoman Jackie Speier's office today at 2:00 p.m. The assistant said the letter was received. However, they are going to forward the letter to Assemblymember Jerry Hill, 1528 South El Camino Real, Suite 302, San Mateo, CA 94402. As a member of Congress Jackie Speier handles matters on a Federal level. Off to a good start, I only mailed the letter yesterday afternoon.

UPDATE: MARCH 11, 2009 - I sent the same letter to Honorable Senator Leland Yee, 400 South El Camino Real, Suite 630, San Mateo, CA 94402

UPDATE: MARCH 13, 2009 - I got a message from Jerry Hill's assistant that his office had received a fax (copy of letter) from Congresswoman Jackie Speier's office. The assistant stated they would forward a copy of the letter to the Medical Board of California. Well, now this is getting interesting. From experience I know that the Medical Board only regulates "individual" physicians, not organized groups such as the SMCMA. Around we go in circles. Let's see if Senator Yee comes back with a better solution.

March 9, 2009

Honorable Congresswoman Jackie Speier
400 S. El Camino Real, Suite 410
San Mateo, CA 94402

Subject: New Legislation Request - Peer Review - San Mateo County Medical Association - Please Help Us Take the Shackles Off Peer Review!

Dear Congresswoman Speier:

I am seeking your aid on behalf of all the citizens of San Mateo County regarding initiating new legislation regarding "peer review" by medical professionals. In particular, I am referring to "peer review" performed by the San Mateo County Medical Association.

I was lucky enough to attend a presentation on February 26, 2009 sponsored by the Children’s Collaborative Action Team (CCAT), of the San Mateo County Child Abuse Prevention Council. Speaking at the presentation was Victoria Balfour, an investigative journalist, who has worked tirelessly with investigators and alleged victims in the case of alleged child molester Dr. William Ayres. Ms. Balfour’s research assisted in getting the San Mateo County District Attorney’s office to obtain a search warrant to seize Dr. Ayres’s patient records (in the hopes of locating additional victims). Dr. Ayres is currently awaiting trial, although he was arrested in 2007.

California Law requires mandated reporting of crimes against children and the sexual abuse of all patients (in addition to other criminal acts committed against patients, i.e., falsified medical records). The question that came up over and over again at the CCAT presentation was how many times medical professionals singularly or in a group setting failed to meet the mandatory reporting laws regarding knowledge or reasonable suspicion of sexual abuse of the alleged victims of Dr. William Ayres. California law requires an administrator or employee of a private organization whose duties require direct contact with children including a physician, a surgeon, a psychiatrist, a psychologist etc. to file a report with the proper authorities.

I have lived in San Mateo County for nearly 50 years and the one thing that has never changed over the years is the San Mateo County Medical Association and the "phrasing" used on their peer review form.

The document explicitly states:

"All recommendations by peer review committees are advisory only. We cannot review your complaint if a lawsuit has been undertaken or if it involves a Worker’s Compensation matter. If the treating physician is not an SMCMA member, our ability to be of service may be limited.

While the SMCMA will attempt to mediate this dispute, it has no authority to take action against a physicians license. The Medical Board of California is the only authority in the state that may take disciplinary action against the license of the physician who is the subject of your complaint."

Congresswoman Speier, I appeal earnestly to you, that you help the citizens of San Mateo County by enacting new legislation that will abolish the stringent requirements as set forth by an organization of medical professionals who are by California Law mandated reporters, namely those of the San Mateo County Medical Association. Established peer review guidelines should not be advisory only but follow California Law! It is of no consequence that patients protect their rights and contact lawyers, the Medical Board, and even the police if necessary.

It is clear to me from attending the presentation at CCAT and being a victim of a medical crime that every medical professional is a mandated reporter and thus should not decline to review and file 805 Reports with the Medical Board of California if the case and evidence meet the requirements of the law.

If patients and families are so aggrieved by being victims of heinous crimes, with no place to report these crimes, our cases rejected by the San Mateo County Medical Association, mandatory reporting laws fail us, who else can patients in San Mateo County turn to? Please help us take the shackles off peer review!

I would appreciate your assistance on this most important matter.

End of Letter -

Please feel free to contact me if you wish to have a copy of this letter in PDF format, Word, pure text etc. I will do my best to try to get you a copy so you can also send this to Congresswoman Jackie Speier!

HealthGrades, the Controversy, Scientific Data Or Paid Advertisement?

Last week I had to go for a radiology exam at Mills Health Center. As usual, the parking situation was tight, but eventually I was able to wedge into a space which left me roughly six-inches to get out of my car! As I was walking toward the entrance of Mills Health Center this sagging tarp was sloppily hanging from the rooftop of the building, plunging low at some points.

The "advertisement" even though it was dangling, and blowing in the wind, was written with a font large enough to make sense of the following:

"Distinguished Hospital - Clinical Excellence Award by HealthGrades."

I walked under the plastic tarp secured only by hooks and rope, trusting the wind wouldn’t blow it down on my head as I entered the building. As I sat in the radiology waiting room, I reflected on the controversy surrounding HealthGrades.

There are other "bloggers" out there who have already taken on the subject of "HealthGrades," which claims to recognize clinical excellence at hospitals based on mortality rates. However, I would like to point out a few important facts as they relate to Mills-Peninsula Health Services and HealthGrades.

The press release being promoted by Mills-Peninsula Health Services can be found at the following link:

Mills-Peninsula Health Services-HealthGrades

A few of the all-important facts regarding HealthGrades are:

HealthGrades does not allow a hospital to opt out of being analyzed.

HealthGrades only extracts data from tens of thousands of medicare claims.

HealthGrades only analyzes the medicare claims for certain procedures that don’t really encompass the total patient base or total type of procedures performed at hospitals.

No person or clinician from HealthGrades performs a "site" inspection of the hospitals or checks for mortality rates and/or adverse events that are not contained in medicare claims.

HealthGrades excludes a very large population of patients (those who are not medicare patients).

HealthGrades does not investigate or ask hospitals to provide complete transparency on all other adverse patient events (or as JCAHO calls them "sentinel events"). There is no self-reporting mandate.

The most important fact by far is that once HealthGrades notifies the hospital that it has received a favorable rating based on data extracted from medicare claims, HealthGrades charges the hospital a "fee" to ADVERTISE the rating.

Mills-Peninsula Hospital probably taps into its marketing budget and pays HealthGrades (estimate only) anywhere between $25,000 and $60,000 to hang this "fancy designer label" above the entrance to Mills Health Center.

Quote:

"About 400 of the 5,000 hospitals HealthGrades analyzes yearly purchase either both the advertising or consulting programs said Scott Shapiro of HealthGrades."

Call it what you will, but this sounds like a paid advertisement to me.

A designer label, well I wouldn’t go as far as to extend that distinction to this water soaked ad........ The tarp hanging above the entrance to Mills Health Center would look just as stunning covering an old dilapidated boat parked in a driveway.

Say that again! A patient fell because the toilet seat was not attached at Mills-Peninsula Hospital?

Patient falls from an unattached toilet seat at Mills-Peninsula Health Services, preventable fall or negligence?

Falls are an all-important problem in hospitals and nursing homes. Falls can cause very serious injury and even death. They can lead to a longer than needed hospital stay, high costs to a patient, a broken hip and even death from a head injury. Nursing assistants and other healthcare workers must prevent falls and the harm that they can lead to.

In fact, the Peninsula Health Care District recommends a program they promote on their website called "Farewell to Falls" (see the link below):

Farewell to Falls

Mills-Peninsula Health Services has been the subject of two recent lawsuits filed by patients for falls within the hospital. After reading all the literature provided to almost every hospital about preventing falls, I have asked myself were these falls preventable or negligence on the part of Mills-Peninsula Health Services? Read the case histories and you decide.

Lawsuit No. 1: The patient was admitted for shoulder surgery. After being put in a room and still recuperating from the surgery, the patient needed to use the bathroom. The patient pressed the "nurse call button" several times to get aid. There was no answer for help after several attempts.

The patient tried to ambulate to the bathroom on her own. The use of one arm was obviously impaired from the shoulder surgery. When she arrived to the bathroom to use the toilet, she fell somewhat violently according to the court documents. The documents claim that maintenance personnel or someone else who would have been responsible for checking the toilet seat had left it unattached or the mechanism which holds the toilet seat in place was defective. The patient fell against the adjacent bathroom wall striking her head. The patient also suffered orthopedic injuries from the fall.

The lawsuit was dispositioned on August 29, 2008 after a conditional settlement was filed in San Mateo County Superior Court.

Two tangible factors contributed to this patient fall:

1. No answers to calls for help. Calls for help must be answered right away. A nursing assistant or nurse must go to the patient room right away when a patient calls for help and/or turns on their nurse call button. This is VERY important if the person is at risk for falls. If that call button is not answered and a patient falls while going to the bathroom, who is wrong? The patient or the nursing staff members?

2. Broken equipment. How was the toilet seat left in such a poor state of repair? Who was responsible for making sure the toilet seat was bolted and secure?

Lawsuit No. 2: This case of was filed in November of 2008 and is not complete yet. Court documents state the patient was instructed by a physical therapist to climb and descend several stairs after being discharged from acute inpatient care to the Skilled Nursing Facility in Burlingame. The patient stated that she was weak and unsteady, and felt unable to climb or descend any stairs, the physical therapist insisted that the patient try to climb and descend one stair.

However, the patient was unable to support herself, and fell to the ground, causing her to suffer physical injuries to her ankle and back. (See court document below, click to enlarge ):

Generally, if a patient "states" they are weak, unsteady and feel they may fall, supportive straps, equipment, handrails and even the physical therapist lends support to prevent a patient from falling.

Once again, these lawsuits exemplify how being an educated patient can serve you! If you feel you can’t do something, speak up and say NO! Being a difficult patient is not a "bad thing" if it prevents you from being injured.

Lay on the horn, press that nurse call button for "HELP" like you would if the car in front of you refused to move during a green light.............get help, or get injured.

I would much rather see you get help.

Assisted Suicide or "Stained Glass Project" Lies Cause Physician to Resign

Doctor "Lies" to Pharmacist to Obtain Lethal Dose of Potassium Chloride for Terminally Ill Patient then Claims the Drug is for a "Stained Glass Project." What Does This Case Have to Do With Mills-Peninsula Health Services? Read on......

I always found the case of Katherine O’Hanlan M.D. to be a very perplexing chronicle regarding the moral misconduct of a physician. Not because the doctor intended to help a dying patient by ending a terminally ill condition, but the immoral way in which she did it. Forgive me if this story strays from the lawsuit topic, but I do feel it is important.

Physicians end the life of terminally ill patients every day by providing the minimal amount of treatment and giving drugs such as morphine mixed with potassium chloride (KLC) in the inpatient setting to many patients. (KLC can cause cardiac arrest). Mills-Peninsula Health Services provided end-of-life care to my 96-year-old grandmother several years ago and she passed away at the hospital.

In the case of Dr. O’Hanlan, her wrongdoing and unethical behavior started at Stanford Hospital and Clinics. To obtain relief from the probationary sanction to her medical license the doctor filed legal papers with the Medical Board of California on April 24, 2007. The document states the following:

8. Petitioner currently serves as an attending gynecologist oncologist and surgeon at Mills-Peninsula Hospital in Burlingame, Sequoia Hospital in Redwood City and El Camino Hospital in Mountain View. (See the page below, click to enlarge):
























The complete public record documents regarding this case can be viewed by clicking on the following link to the Medical Board of California and entering Dr. O’Hanlan’s license number 70108 to view the public enforcement documents:

Public Enforcement Documents MBC

Note: Dr. Kate O'Hanlan's medical license in the State of New York was also subject to disciplinary action. Here is the link to view those public documents as posted on the web by the State of New York:

New York Disciplinary Documents HERE

Case Overview:

Dr. O’Hanlan was a staff physician at Stanford Hospital and Clinics and was plotting to help a terminally ill patient end her life by providing the patient with a vial of potassium chloride (KLC) to inject and end her suffering.

Dr. O’Hanlan first told the pharmacist that the KLC was for a patient who was an inpatient which was untrue. The pharmacist began asking more questions and determined the use of KLC as specified by Dr. O’Hanlan was illegal and refused to give the doctor the KLC.

The next day Dr. O’Hanlan went back to the hospital pharmacy. At this time a different pharmacist was on duty and Dr. O’Hanlan told this pharmacist the KLC was to fix or preserve slides. This pharmacist believed the lie and handed over the vial of KLC to Dr. O’Hanlan.

At this time the Chief of Staff of the hospital discovered from the first pharmacist that Dr. O’Hanlan was contemplating an assisted suicide by lying to other hospital staff members.

The Chief of Staff requested an interview with the doctor. During the interview with the Chief of Staff, Dr. O’Hanlan lied again, and said she never obtained the vial of KLC.

Later in the day the Chief of Staff learned that Dr. O’Hanlan did in fact receive the vial of KLC from the second pharmacist and called the doctor again. Dr. O’Hanlan told the Chief of Staff that she worked on stained glass windows as a hobby and was using the vial of KLC for that purpose.

To make a long story short, The Chief of Staff filed an 805 Report which stated that Dr. O’Hanlan voluntary resigned from staff at Stanford Hospital and Clinics (more than likely an option, as opposed to being terminated).

Findings of the Medical Board of California were that the misrepresentations made by Dr. O’Hanlan were considered conduct, whether proven singularly, jointly or in any combination thereof, constitute dishonest, corrupt, or fraudulent acts that are substantially related to the practice of medicine.

The Medical Board of California placed heavy sanctions on Dr. O’Hanlan’s license including, actual suspension for 30 days, an education course, psychotherapy, an ethics courses and three year’s probation. Her probation was completed in midyear 2008.

My Comments:

This case is so significant because unethical doctors always "land" somewhere else treating other patients. How important would it be for you to know that a physician had lied over and over to their own colleagues and hospital staff and then the hospitals own investigative board?

Even if a doctor provides capable patient care, don’t you think it’s essential to be ethical and honest as well? Why do other hospitals and physicians support this kind of unethical behavior? How do they get by the credentialing staff of JCAHO approved hospitals such as Mills-Peninsula Health Services? When, if, would the hospital disclose the above information to a patient?

During the year of 2007, Dr. O'Hanlan was still on probation. According to the Medical Board of California a physician who is on probation must serve each Chief of Staff and/or Credentialing Committee a true certified copy of the accusation/terms of probation where they practice. If the court papers she filed were accurate and she acted as an attending physician at Mills-Peninsula Hospital, I suppose that means those in charge knew she had lied more than Pinocchio!

The Medical Board of California reduced one year of probationary sanctions against Dr. O’Hanlan because she stated that she "only lied to hospital staff and always told the truth to Medical Board of California investigators."

This statement is nonsensical. Dr. O’Hanlan had to tell the truth to the Medical Board of California as a fully reported investigation had already taken place by Stanford Hospital and Clinics and an 805 Report was filed. Does the doctor deserve bonus points for this?

Like Forrest Gump said "life is like a box of chocolates, you never know what you’re going to get."

Patients are never likely to know which doctor was terminated for what and why as they are bouncing from hospital to hospital, or even state to state. Research is time consuming. I want to know everything about the doctors using Mills-Peninsula Health Services as a stepping stone to attaining an early release from their probation.

I find no current record of Dr. O'Hanlan practicing at MPHS, but I know there are others who lied, I reported one.

I wonder, I wonder if Dr. O’Hanlan still works on stained glass?
Gynecologic Oncology Surgery and Endocopy Laproscopic Hysterectomy Portola Valley Lesbian Health Issues

Mills-Peninsula Health Services Gives Patient Dangerous Heparin Overdose During Cardiac Procedure

I wasn’t sure what my next post was going to be about. Then "wallah" today I went to my mail box and amid all the other junk mail was a rather stocky, glossy, brochure. I saw whom it was sent by and I felt my face "scrunch up." After all, I never asked for this propaganda to be put in my mail box (it always ends up in my recycle bin).

Glaring from the cover were comic book cartoons aimed at BOOMERS!! Much to my chagrin it was the Spring 2009 Edition of Healthpoint Magazine published by Mills-Peninsula Health Services. I recently observed that the hospital seems to be taking a more whimsical marketing direction aiming at the potential patient base who has a fancy for Yelp and Facebook. Links to these features appear on their home page. I feel like saying "groovy" to that, but it might date me. Honestly, I just don’t know what to think when I receive a comic book in my mail box as a precursor to serious health issues. I guess I just fail to perceive the humor.

As I thumbed through the brochure like a speed reader, just as I was about to toss the thing, page 11 caught my attention. The photo of Alan Schwartz, M.D., a cardiac electrophysiologist, stamped on the page stood out.

Here is a link to the article:

HealthPoint Magazine - Keeping the Beat

I recollect that he was named in a recent lawsuit after a patient he was doing a cardiac ablation procedure on was given an overdose of heparin, a blood thinner. Dr. Schwartz was later dismissed as it was hospital staff who administered the heparin. Also, named in the lawsuit was Mills-Peninsula Health Services.

Some of you may recall that actor Dennis Quaid sued Cedars-Sinai Medical Center and the manufacturer of the drug heparin after his twins were given an overdose of this medication.

Link to article:

Dennis Quaid Sues Over Drug Mishap

The article in Healthpoint Magazine heralds the cardiac ablation surgeries for curing irregular heart rhythms. In fact, the article goes on to give a glowing account of a patient cured. The article never once mentions the patient who suffered a serious medication overdose regarding nearly the same procedure.

Most significantly, the patient became hypotensive and required an emergent CT scan, after receiving the overdose of heparin, as well as a longer stay in the hospital.

The article states that most patients are back to their daily activities without missing a beat.

It is absolutely appalling to me that Healthpoint Magazine would not mention there is currently a pending lawsuit against Mills-Peninsula Health Services regarding a patient who had a similar procedure by Dr. Schwartz and ended up in the ICU with a form of internal bleeding after the heparin was accidentally mixed at 10,000 units per liter instead of 1,000 units per liter.

Facts about medication errors from the FDA:

More than 770,000 patients are injured because of medication errors every year.

Medication errors account for at least 7,000 deaths in the United States each year.

Medication errors occur in nearly 1 of every 5 dosages given to patients in the typical hospital.

Only 2% of drug administration errors are intercepted.

I think we need to take a little time out and send caring, well wishes, to the patient who did not have a positive outcome. This patient's story did not make it into the Spring 2009 Edition of Healthpoint Magazine but.................

Thank heavens this patient made it out of the hospital alive.

HIPAA Hits the Skids, MIlls-Peninsula Health Services Two Time Loser in Federal HIPAA Investigations

If you use any health services, you probably realize that virtually every healthcare entity provides a "Notice of Privacy Practices" to its patients/customers. This is an important part of HIPAA compliance that has been required of all healthcare providers since the April 14, 2003-deadline.

Mills-Peninsula Health Services guarantees to protect your medical privacy and most importantly your medical records. The person who usually trains all employees on HIPAA procedures is the "Privacy Officer." The inattentive release of private medical information can have grievous consequences on future health insurance coverage for patients, including having them branded with pre-existing conditions. This breach of medical privacy has the potential to cause harm throughout the lifetime of the aggrieved patient.

But what happens when the Privacy Officer and Director of Health Information violates HIPAA?

This is a narrative of how HIPAA hit the "skids" for one patient resulting in the release of private medical records and how Mills-Peninsula Health Services a two-time loser with the Office of Civil Rights handled the matter after the "Privacy Officer" of the hospital negligently released the medical information.

It all began one mirthless day in September of 2005, and surprisingly, one of the cases is not 100% finished as we embark upon the beginning of 2009! The Office of Civil Rights who investigates HIPAA violations is severely understaffed and takes on average one to two years to investigate HIPAA complaints. Once the case is accepted, it nearly drags on for as long.

Case History: On September 23, 2005, a patient filed a complaint with the Office of Civil Rights after the Director of Health Information and Privacy Officer of Mills-Peninsula Health Services released her medical records to the CalPers Board of Directors, Blue Cross and the Menlo Park Police Department, as well as two other recipients.

The patient discovered that her medical records were mailed out in error on September 15, 2005 when she received an envelope in the mail from the Privacy Officer stating the correction she had asked to be made to her medical records had been made. But the envelope mailed to the patient contained only her original History and Physical stapled to the hospital "Amendment Form" which was invalid as it was not signed on the patient signature line, instead the Privacy Officer typed the words "See Attached." The form also indicated that the medical record had been mailed to five other recipients on the same day.

During the course of the first year the patient repeatedly filed privacy complaints with Mills-Peninsula Health Services to try to get the entity to retrieve the medical records which were mailed to the five parties erroneously.

Mills-Peninsula Health Services continually stated that they did not violate HIPAA and they refused to contact the parties who had received the medical records to have them returned.

In August of 2006, the Office of Civil Rights, accepted the case for investigation. On March 23, 2007, Robert W. Merwin, the CEO of Mills-Peninsula Health Services, was directed by the Office of Civil Rights to mitigate the harm of the negligent release of the medical records. Below is a copy of the letter (click to enlarge):

The Privacy Officer was also instructed to write to the recipients who received the History and Physical which contained a large amount of personal health information. She was to try and retrieve the medical records. So much time had passed from the date of the negligent release, that several of the recipients no longer had the medical records, and the whereabouts of them were unknown. Below is a copy of the letter the Privacy Officer wrote, including clarifying that she had placed the wrong year on the retrieval letter (click to enlarge):

The patient felt it necessary to warn others who use the services of Mills-Peninsula Health Services about the negligent release of her medical records and contacted the Burlingame Daily News. She was again shocked to discover that the Mills-Peninsula Health Services "spokesperson" prepared a statement regarding her and released even more information regarding private matters to the press. HIPAA law limits what information can be discussed with the press. Usually, no comment! Mills-Peninsula Health Services was under investigation again for violating the Federal Privacy laws. They were again found to be in violation of the Federal Privacy laws and issued the following apology letter (click to enlarge):


What......sorry for the inconvenience! This is all any patient can expect after an extreme violation of medical privacy? Forced apologies that don't mean anything? What me worry?

Be afraid, be very afraid, the electronic medical record is coming and Mills-Peninsula Health Services has been under investigation since 2005 for HIPAA violations.

Note: Under the Freedom of Information Act, it may be necessary for OCR to release this document and related correspondence and records upon request. In the event that OCR receives such a request, we will seek to protect, to the extent provided by law, personal information which, if released, would constitute an unwarranted invasion of privacy.

All the records of these two investigations can be obtained from the Office of Civil Rights. The OCR Case Reference Numbers are 05-43044 and 07-66869.

Calling Dr. Witzig, It's Time for My Employee Physical!

I had this thought rolling around in my head today, that many moons ago I recollected reading about a bizarre (at least one that was made public) news report at Mills-Peninsula Hospital. I remembered that a physician had made the news regarding some form of sexual wrongdoing.

So....today I sat down and "Googled" what I remembered. I was thinking hum how far did the Internet go back, was this even before cell phones (well at least it was before the Iphone)? Well, I got my reply after a little surfing on the web.

This newspaper article is indisputably one from the archives, but all the same it makes me wonder if anything in medicine has changed at all since 1996. Thirteen years had passed and I never forgot the article completely. I remembered enough about it to find it, albeit deeply embedded in the information superhighway.

After I read the lawsuit synopsis, I am more than certain that nothing has changed regarding the reporting of sexual misconduct and physicians. I’ll comment more on that at the end of the post.

Here is the link to the article, and I have included the text from it below as the link was rather hard to find:

http://www.Sfchroniclemarketplace.com/c/a/1996/04/04/MN46262.DTL

San Francisco Chronicle 04/04/96

Mills-Peninsula Health Services is being sued by one of its former executives who accuses the hospital operator in Burlingame and San Mateo of firing him for trying to look into a physician’s alleged sexual misconduct.

Timothy Hill, Mills-Peninsula’s former senior vice president for ambulatory services, said he was dismissed in December after he tried to investigate allegations against Dr. Richard Witzig, according to the suit filed last month in San Francisco Superior Court.

Also named as defendant was Sutter/CHS Inc., the parent of Mills-Peninsula, which operates Peninsula Hospital in Burlingame and Mills Hospital in San Mateo.

Hill said some Mills-Peninsula workers had complained to him that Witzig, a former Peninsula Hospital chief of staff and now Mills-Peninsula medical director for employee health, had engaged in lewd sexual behavior while examining some employees, the suit said.

Mills-Peninsula had denied Hill’s accusations. The company said he was fired, not for investigating Witzig, but because of corporate downsizing, said Debbie Goodin, the company’s vice president for human resources.

She refused to comment on the allegations against Witzig, saying the matter was private.

According to the lawsuit, Hill was investigating charges presented by Mary Ellen Brandon, director of occupational health, and Kristen Young, manager of human resources, who said they were concerned about "the continuation of Dr. Witzig as an MPH (Mills-Peninsula Hospitals) employee performing physical examinations of women."

Brandon and Young told Hill that "during physical examinations of women, Dr. Witzig would come up from behind them while they were dressed in their underwear and without warning pull their underpants down, exposing their buttocks," the suit said.

They also accused Witzig of using "abusive, offensive and inappropriate language." Witzig could not be reached for comment.

Hill said he then spoke about Witzig with Robert Merwin, Mills-Peninsula’s president, who referred to the allegations as "a very sensitive matter."

Although Merwin called Witzig a "human tragedy," the suit said, he also said "there was little concern or motivation on his part to confront the matter."

After Hill said he intended to investigate the case, the suit said, he was unexpectedly fired. Hill claimed he was coerced to sign a document waiving his right to sue the corporation.

Merwin, the suit added, also warned Hill "not to burn any bridges," because "Sutter/CHS was going to dominate the Northern California health care market."

Hill is seeking unspecified general and punitive damages. (END OF ARTICLE)

The first thing I did was check the public records at the Medical Board of California regarding Dr. Witzig. He had disciplinary action taken against his license, and even more importantly, his license was cancelled for non-completion of his five-year probationary sentence. Below is the image obtained from the Medical Board of California:

Today I ordered the public records from the Medical Board of California and when I receive them I will post an update as to what caused this "human tragedy" (as Robert W. Merwin so aptly described him) to be sanctioned. According to the San Mateo County Superior Court Records Dr. Witzig over the course of many years was either the plaintiff or defendant in more than sixteen civil cases. The last case was in 1992 involving harassment. The good doctor at the present time would be 77 years old.

First and foremost, Mr. Timothy Hill wherever you are, thank you so much for stepping forward to report the sexual harassment of women employees or sexual abuse (it all depends on how you feel about the Chief of Staff of a hospital using lewd language and pulling the underpants off of women without warning). We need more people working in the healthcare profession like Mr. Timothy Hill. In fact, we could use a few more physicians to step forward and report unethical conduct regardless if it is sexual in nature.

The incident with Dr. Witzig should not have been "whitewashed as sensitive material," it should have been broadcast loud and clear to ensure that not one more woman would have been subjected to having her underpants being yanked from her body only to be left stunned and embarrassed. No move cover-ups, no more silence!

The hero in the matter, Mr. Timothy Hill, was then apparently, blacklisted, fired, coerced, and told not to burn any bridges. All the while Robert W. Merwin appeared to turn his back on the matter as if it caused him no concern, he was not motivated to investigate sexual misconduct. Is it any wonder no healthcare professional will speak out about sexual misconduct amongst their peers?

Mills-Peninsula Health Services sent out the message a long time ago, speak up about unprofessional conduct and you will be terminated. Nothing has changed since 1996 at MPHS.

I reported unprofessional conduct to Mr. Merwin (a few years ago) and I only received a standard form letter in reply. Later, I discovered the physician I reported was promoted to chief medical director of a department at the hospital.

In my opinion, Robert W. Merwin is a "good ole boy," he ain’t going to rock the boat, he’ll sit back and collect his CEO salary, floating along toward retirement. I wonder if he uses duct tape on his underwear before he heads off for his employee physical..........something to think about.

Wrongful Death, 3 Hours in the Emergency Room at MPHS

First, I want to express as much honor and sympathy as I can to the family of a remarkable woman who lost her life after giving birth to a beautiful baby girl at Mills-Peninsula Hospital. I won’t be using the patient’s name to protect the privacy of the family. She was a well-respected and admired graduate of Stanford University with a Masters Degree in teaching. I only hope that her spirit lives on as a guardian angel looking down on her little girl.

I remember my niece coming home from Mills High School and telling me that her biology teacher had passed away. My niece was sixteen years old at the time and was experiencing what all the students at Mills High School were feeling, sadness, loss, and disbelief. At first, I thought perhaps there was an explainable conclusion for what became reality, but woefully this case has no such ending.

I went to the San Mateo County Courthouse reading room and came across the case file. A lawsuit had been filed against Mills-Peninsula Health Services for the wrongful death of this beautiful young woman. I immediately felt something when I opened the folder at the reading desk of the courthouse. My eyes fixated on her health insurance card, stapled to the front page of the file, it was no longer needed. I knew right away this would be the most emotionally draining case I would ever read through. My eyes welled up with tears as I read the case file.

Sadly, here is a synopsis of the case. The patient gave birth to her beautiful baby girl in January of 2006. She was discharged from the hospital and the baby remained in the infant nursery as she was born slightly before the scheduled due date. The mother returned to the emergency room two days after her discharge with a severe headache and extremely elevated blood pressure. According to the lawsuit, the patient remained in the emergency room for more than three hours with escalating post-partum hypertension. She was sadly only given pain medication by Dr. David Adams the emergency room physician. Medical records indicate over a period of three hours that her blood pressure was spiraling out of control.

Her husband who remained at her side in the emergency room by his instincts felt that his wife was dying and he began to experience bystander suffering. The patient was never admitted as an inpatient but remained in the emergency room and still under the care of Dr. Adams. It was then noted that the patient had "drooping" on one side of her face and then slumped over after having a massive stroke and literally died in her husband’s arms. A child without a mother, a husband without a wife. I simply cannot imagine the insufferable sorrow.

It appears from the court records it was Dr. David Adams who bore the brunt of liability by failing to effectively treat and monitor her condition while she was under his care in the emergency room. The lawsuit was settled before it ever went to a jury trial on December 18, 2008. I do not feel comfortable releasing the monetary amount that was paid to the family as no sum of money would have been just for the loss of this life.

All to often we view our physicians as the authority figures in our care and treatment. We don’t speak up or demand that we be treated by another physician even if our instincts tell us that we are suffering and "we feel in our gut" something dire is going to happen.

If you ever find yourself in a situation where things appear to be drastically deteriorating, to the point you feel that your loved one is in eminent danger, please, please, challenge the authority figure in your healthcare.

Your life may depend on it.

Lawsuit Research 101 - MPHS

How many times in the past year have you received expensive printed brochures mailed to your home from Mills-Peninsula Health Services? Touched up glossy photos gleaming at you from the front page trumpeting the achievements, but never the failures of the hospital. What about the adverse events such as wrongful deaths, medication errors, falls, burns, HIPAA investigations and violations, as well as employee disciplinary actions, is there a place where patients can get information about these?

Trying to pick a healthcare provider or hospital for treatment is like trying to gamble without knowing the odds. They all look stellar under those circumstances. But they aren't. Adverse events are the most important things to know to be an informed consumer of healthcare.

Hospitals and physicians also express objections that patients might say something about them that is not true. Physicians say things about patients everyday that are not true. Why is that okay? The minute there is an adverse event the cover-up begins. The physicians work with the hospitals to protect each other's reputation and income in a way that can cause physical harm to a patient. When patients warn each other about physicians and hospitals, it does not cause physical harm. The stakes are higher for patients. We as patients should at least have equal rights to all information regarding adverse events.

I have found a valuable tool available to everyone and I want to share this with you.

Lawsuits filed against Mills-Peninsula Health Services at the San Mateo County Superior Court are "public records." Many of the cases can be viewed on line. (I have posted a link on this page which is the open access link). Once you open the link you type in Mills-Peninsula Health Services, a long list of return cases comes up and many have PDF images attached.

For example, go the link I have provided and enter 460718.

http://www.sanmateocourt.org/midx/

A case will come up with extensive PDF images. Reading through this case will provide a fascinating glimpse into the daily goings on at Mills-Peninsula Health Services. Below is a copy of the front page of the lawsuit (click to enlarge):

























Also, you can go to the reading room of the San Mateo County Superior Court, 400 County Center, Redwood City, CA. This is one floor up from the jury room. You simply request a case file that you are interested in and the court clerk will retrieve it.

The content of the cases may vary, but with a wealth of information at your fingertips you will become the most educated person in your own healthcare!