In Trenton, New Jersey, Dr. Santusht Perera has been suspended from practice after removing the wrong lung from a patient and then lying to the patient to try to cover it up.
Perera, according to the board, realized his mistake after the operation and told the patient falsely that he had discovered a life-threatening tumor and removed the lung. Perera practiced at Hoboken University Medical Center and was fined $81,000.
There is no report of a tort action despite the obvious grounds for negligence and battery.
For the full story, click here.
“Hi, my name’s Jerry Zimmerman from the American Cancer Society. I used to smoke 20 packs of cigarettes a day. But, since I lost one of my lungs, I cut my smokin’ in half.”
—Cheech & Chong (album I believe)
What George Carlin might have done with this story.
I believe there will not be any tort action, as the patient’s estate (he died in 2003) entered into an undisclosed settlement over the incident )http://www.nj.com/news/ledger/index.ssf?/base/news-13/1214454937124660.xml&coll=1&thispage=1).
It seems disingenuous that the AMA continually calls for tort reform, but does not complain about the inadequate sanctions given to doctors, such as the one in question, who account for a disproportionate share of malpractice liability!
Is there any possibility for a charge of criminal negligence in cases as grievous as this? According to another article on the case, the error and the subsequent cover up was partly to blame for his death.