Delores Spraggans, a diabetic with kidney failure, arrived at
Hahnemann University Hospital in October 1997 for her regular
dialysis treatment - but the catheter in her thigh, used for the
procedure, had clogged.
So, the 67-year-old woman was sent to the operating room to have
a new catheter inserted - this time in her neck.
Although Spraggans had no way of knowing it, the surgeon in the
case - Thomas B. Gain - had spent the previous 11 months under close
hospital scrutiny.
Hahnemann medical officials had ordered Gain to consult with
other doctors when performing gastrointestinal surgeries, saying
that they were concerned about his medical judgment and its possible
impact on patients.
Although Spraggans' operation was not among the type being
monitored, its outcome proved disastrous and resulted in more
oversight - and ultimately, limits on Gain's practice.
But all this happened behind closed doors, even as Gain operated
on hundreds of patients a year until he stopped practicing medicine
in 2002.
Such disputes between hospitals and doctors take place at least
900 times a year around the nation, according to information from
the National Practitioner Data Bank.
Typically, a hospital believes that a doctor is endangering
patients and limits his ability to practice, or fires him. The
doctor, fighting for his livelihood, argues that the hospital is
wrong and has its own financial agenda.
But laws keep such internal hospital investigations confidential,
to protect the reputations and careers of doctors who might be
unfairly accused.
In the case of Gain, only a lawsuit he filed against Hahnemann
and its chief of surgery would bring the dispute over his competence
to light.
Gain declined through his lawyer to discuss the case. The
defendants also would not talk about it, though, speaking generally,
James R. Kahn, the lawyer for Hahnemann and its surgeons, said that
"patient safety is a primary concern at Hahnemann."
Gain's lawsuit and Hahnemann's responses - all public records -
offer a rare glimpse into the steps that a hospital can take against
a doctor in the name of patient safety.
In his lawsuit, initiated in 1999 and scheduled for trial in
January, the 61-year-old surgeon defends his skills. He says the
hospital wrongly questioned his medical judgment so that other
doctors could take away his patients - and surgical fees of more
than $200,000 a year.
His suit claims that Hahnemann's actions were "designed to
humiliate and economically cripple" him and force him "to abandon
his career."
Larry R. Kaiser, chairman of surgery at the University of
Pennsylvania, who is not involved in the Gain case, says internal
monitoring of doctors is a delicate but critical duty.
"One of the mandates on us is to protect the public from people
we think are unsafe," Kaiser said.
"Unfortunately, with surgical privileges, it is someone's
livelihood that is at stake, as well, and we recognize that."
The medical community also argues that confidentiality laws allow
hospitals and doctors to openly and honestly discuss - and learn
from - medical complications and errors without fear of triggering
malpractice lawsuits.
•
The problems between Gain and Hahnemann first surfaced in the
fall of 1994, but the dispute reached the boiling point two years
later, according to documents filed in Gain's lawsuit.
By then, Gain had spent his career at Hahnemann. He graduated
from its medical school in 1967, did his surgical residency there,
and joined the staff as a general surgeon in 1972. For nearly 20
years, he served as associate director of the hospital's
general-surgery residency program, becoming its director in
1990.
In 1992, he was promoted to full professor of surgery.
In the fall of 1996, some of Gain's gastrointestinal (GI)
surgeries were reviewed at the hospital's weekly "morbidity and
mortality" conferences - meetings to study problem cases.
On Nov. 21, according to Gain's lawsuit, Joel Roslyn, then
Hahnemann's chief of surgery, summoned Gain to his office.
Roslyn insisted that, for one year, he would review each of
Gain's GI cases before the surgery.
Five months later, Roslyn went further. Saying that Gain had
failed to consult with him, Roslyn temporarily restricted Gain from
performing any GI operations.
"This action is necessary as an interim precautionary measure to
protect patients and the quality of care they receive," Roslyn wrote
Gain on April 3, 1997.
George J. Amrom, who took over as chief of surgery when Roslyn
died in 1999 and also was sued by Gain, stated in a court filing
that the suspension was temporary, "pending completion of an
investigation" into Gain's GI surgeries.
In addition, Roslyn took Gain off the emergency room rotation,
which, Gain's lawsuit argues, "prevented him from performing other
surgery for which there was no suspension in effect."
The hospital commissioned an independent review of 22
gastrointestinal surgeries performed by Gain over 13 months. In May,
it landed.
Lelan F. Sillin, professor of surgery at the State University of
New York Health Science Center at Syracuse, reported finding "a
significant number of instances in which there were lapses of or
errors in surgical judgment and inappropriate management of
gastrointestinal surgical problems."
Sillin criticized Gain's treatment of four patients, including a
woman who arrived at the hospital in March 1997 with a complete
bowel obstruction.
Given the patient's history, she should have been operated on
quickly, but was not, he said. "Consequently, the patient developed
a small bowel perforation and ultimately succumbed to the resulting
sepsis [infection]."
He added: "The failure to recognize the significance and severity
of this patient's problems at the time of admission and to deal with
them expeditiously, in my opinion, represents a serious error in
judgment."
Sillin suggested two options: limiting Gain's surgery or
requiring that he get a second opinion on his patients from a
"qualified academic" GI surgeon.
Hahnemann's medical executive committee chose the second option.
Gain would have to consult with other surgeons before, during and
after his GI operations.
Gain argued that such monitoring served only to disrupt his
relationships with patients. An expert he retained called the
monitoring "entirely inappropriate."
"A monitoring process that routinely forces the patients to come
under the care of another physician is absurd and not in the best
interests for furthering quality health care," wrote Garry D. Ruben,
associate professor of surgery at the George Washington University
School of Medicine in Washington.
•
Delores Spraggans knew none of this when, in October 1997, Gain
and a surgical resident operated on her neck to insert the catheter
into her jugular vein.
Instead of being inserted into the vein, the catheter was
threaded into her carotid artery - a vessel that looks and feels
very different from a vein and is a major source of blood to the
brain.
Later that day, Spraggans was given dialysis. She suffered a
stroke and, according to a lawsuit her family would later file, she
was left unable to walk, talk or breathe on her own.
Spraggans' case came up at a weekly "morbidity and mortality"
conference. In December 1997, Roslyn temporarily barred Gain from
performing vascular surgery, pending a review.
The next month, two experts - from medical schools at Emory
University in Atlanta and the University of Rochester in New York -
examined 31 of Gain's vascular surgeries.
Of Spraggans' case they said: "It is difficult to comprehend how
the carotid artery could be mistaken for the jugular vein when the
vessel was surgically exposed."
"In our opinion," they said, Gain did not meet "the standard of
care in vascular surgery" in 19 of the 31 cases.
They concluded that, at their hospitals, Gain "would not be
allowed to continue to hold full vascular surgery privileges."
Gain submitted a 24-page rebuttal, saying the reviewers erred in
their analysis and conclusions.
"In summary, two operative complications occurred in the
thirty-one cases reviewed: one major [Spraggans] and one minor,"
Gain wrote.
"Surgical privilege suspension is the most severe penalty imposed
on a surgeon," Gain added. "It is a career-ending penalty... . To
continue the suspension based on this review would perpetuate this
reckless abuse of power."
In January 1998, the hospital's credentials committee voted to
take away Gain's vascular surgery privileges except for varicose
vein procedures, amputations and catheter insertions.
This was a major decision.
When a hospital suspends a doctor's privileges for more than 30
days it must, under federal law, report it to the National
Practitioner Data Bank.
Although the information is kept secret from the public,
hospitals must check with the data bank before hiring doctors or
granting them staff privileges. A hospital also must check the data
bank every two years for all doctors on its staff.
The hospital also reports the doctor to the state medical board,
where the information remains confidential unless the board acts
against the doctor's license.
Gain sought a "fair hearing" from Hahnemann - a last-ditch appeal
on peer-review sanctions that he was entitled to under hospital
rules.
A panel of five doctors, including a vascular surgeon from the
Hospital of the University of Pennsylvania, met five times before
unanimously backing the limits on Gain's vascular surgeries.
After he again appealed, the hospital's board affirmed the
limits.
In his lawsuit against Hahnemann, Gain argues that the suspension
was part of a "conspiracy" to "prevent [him] from practicing surgery
at the hospital or anywhere else."
In response, the hospital and its surgeons say that their
decision "was based upon an objective and reasonable belief that it
was necessary to preserve patient quality health care."
Eventually, the hospital also decided to limit most of his GI
surgeries.
•
Spraggans died seven months after her surgery, having spent
almost all that time on a breathing machine in the hospital.
In 2001, her family won a $2 million jury verdict against Gain
and Hahnemann. Her family's lawyer, Thomas R. Kline, said that he
never knew about any of the peer-review actions that Hahnemann had
taken.
"The peer review process is something that is kept secret from
patients and even from their lawyers after a lawsuit is filed,"
Kline said.
In 2001, the hospital reported Gain to the National Practitioner
Data Bank, saying it had limited his surgery because of "poor
clinical judgment."
Although Gain has active medical licenses in New Jersey and
Pennsylvania, he has not practiced medicine since early 2002.
Today, a patient turning to the Pennsylvania Board of Medicine
would find no hint of any concerns about Gain.
"There are no disciplinary actions or anything against his
license," said Allison Hrestak, a spokeswoman for the Pennsylvania
Department of State, which oversees professional licensing. "He is
in clean standing with us."