Published: Mar. Charlie Wittmack, a lawyer at Hartung Schroeder in Des Moines, is representing Kellerman and the two other urologists who were also fired in a lawsuit against the Iowa Clinic. William Morris covers courts for the Des Moines Register. You will begin to receive ourDaily News updates. Another, Dr. Stephanie Pothoven, did surgery to repair her prolapsed uterus a few years ago. Necessary cookies are absolutely essential for the website to function properly. LANGUAGETECH was found to have no liability. When Don Cue called his longtime urologist in Des Moines to get an appointment, the receptionist said the doctor no longer practiced there and would not explain why or where he had gone. Wittmack said the controversy there was tragic for patients. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. She refused to divulge where hed gone. These cookies do not store any personal information. Please notify office upon scheduling if you require an interpreter. This website uses cookies to improve your experience while you navigate through the website. five of the clinics seven remaining urologists, Your California Privacy Rights / Privacy Policy. The Iowa Clinic Urbandale 4323 Northwest Urbandale Drive Urbandale, IA 50322 (515) 875-9190 ACCEPTING NEW PATIENTS Specialties Dr. Steven Rosenberg has the following specialty Urology Specialty Expertise Dr. Steven Rosenberg has the following 9 areas of expertise Benign Prostatic Hyperplasia (bph) Birth Defects Bladder Cancer Enlarged Prostate Our primary focus remains on providing high-quality care to our patients and families,. The applications for certificates are reviewed by IDPH staff and the council to ensure that an existing medical need in the community will be met by the proposed project. The urologist removed Huitts prostate in April 2017 during an operation at Iowa Methodist Medical Center. 2023 www.desmoinesregister.com. Follow the Register on Facebook and Twitter for more news. A urologist is a doctor who specializes in treating urinary disorders or conditions that affect the male reproductive system. As such, the district court was wrong to instruct the jury it could find Dr. Birusingh liable for medical negligence under the theory of negligent communication. And we find the court erred in its ruling denying Dr. Birusingh and The Iowa Clinics motion for JNOV on this theory of negligence, explaining that no expert testified as to what steps a prudent doctor would take in talking to or meeting with his or her staff or coworkers before meeting with a patient or performing a procedure. If you find a healthcare provider's license has been suspended, that generally means that there has been an actionable offense. We travel 1 hour and 15 minutes because the healthcare is outstanding. Another pathologist examined Huitt's prostate after it was removed and found no cancer, said Huitt's lawyer, Randy Shanks. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 Nexstar Media Inc. All rights reserved. Education Explore opportunities for medical students, residents, fellows, and continuing education. The circumcision was done at a differently facility, his attorney said. In its opinion filed on November 23, 2021, the Court of Appeals of Iowa (Iowa Appellate Court) held in an Iowa medical malpractice case where the non-English-speaking plaintiff alleged that the defendants performed a vasectomy on him instead of the intended circumcision, that several errors had been committed at the trial level and therefore remanded for a new trial. Jurors decided Zaw was 30% responsible, which will reduce the award. Dr. Birusinghs notes from Zaws first appointment list a number of things Dr. Birusingh claimed he told Zaw about the procedure, but the physical exam portion of his notes failed to mention either the bead in Zaws penis or the phimosis. As a result, Huitt got the wrong diagnosis, underwent unnecessary surgery, and suffered nerve damage. Specialties. I dont have any idea, the pathologist replied. a jury awarded Zaw about $1.4 million from the clinic, Iowa jury awards more than $1 million to man who thought he was getting a circumcision but got a vasectomy instead, Judge says feds can't require COVID vaccine for health care workers in Iowa, 9 other states, Your California Privacy Rights/Privacy Policy. One of Iowa's largest eye care providers is being sued by a physician and former shareholder for alleged antitrust violations and monopolistic business practices. UnityPoint Health-Des Moines is going to court to try to block the creation of two new cardiac catheterization labs. According to the lawsuit, Wiese's husband and adult children filed in November 2019, she was admitted to UIHC on Nov. 12, 2017. He has terrible brain damage. Request an appointment We offer urological care at the following offices. An interpreter was used in court. Yes, she replied. We understand that trust is earned every day.". "However its determined, whether its here or at the Supreme Court, well live with the courts decision, well retry the case, and well ask for more money," he said. Dr. Birusingh and The Iowa Clinic later moved to bring suit against LANGUAGEtech, alleging that if Dr. Birusingh was found to be negligent, then they would have a cause of action against the interpreters. Contacting us via email does not create a patient/physician relationship. June 14, 2022. It came out of left field, Shearer said. Does spotting a robin really mean spring is here? Were not going to leave anyone high and dry.. Because the jury form combined both claims into a general finding of "medical negligence," it's impossible to say whether the incorrect negligence argument would have changed the verdict, and the only solution is a new trial, the court said. He said he was satisfied with the care he received during that appointment, but he'sconcerned other patients will be forced to wait extra weeks or months for surgery because three top urologists are barred from practicing in the area. Language interpreting services available upon request. The patient, Rickie Lee Huitt of Panora, sued the Iowa Clinic, whose pathologist admitted mixing up tissue sample slides from Huitt and another patient in January 2017. Our longstanding practice and tenured physicians are a testament to the urological care we provide. He was awarded a $2 million judgment, court records show. The wrongful termination suit asks the court to declare the physicians' restrictive covenant provisions unenforceable. An interpreter hired by the clinic through LANGUAGEtech, Inc. attended the initial appointment and provided interpretation services for Zaw and the doctor. The state Board of regents has agreed to pay $15 million to settle a class action lawsuit with $11 million going to former and current employees from University of Iowa Hospitals and Clinics. In 2019, The Iowa Clinic had over 54,000 patient visits resulting in cardiology services. "I'm sure that if Zaw Zaw had it if he could wave a magic wand I think he'd much rather been able to have had additional children than to have money, but that's the only thing that we can do here," Harding said. 4, 2023 5:00 am21h ago, By Caleb McCullough and Erin Murphy, - Gazette-Lee Des Moines Bureau, State Government Mar. A British man went in for a urological procedure but came out with a vasectomy. POLK COUNTY, Iowa A Panora man was awarded more than $12 million by a Polk County jury on Friday after he underwent surgery by mistake. "They strenuously and repeatedly objected to the jury being instructed as to the two separate theories of medical negligence," Greer wrote, adding the clinic had been "forced to choose the lesser of the prejudicial choices once the district court incorrectly ruled against them" by allowing the incorrect theory of negligence to go before the jury. At The Iowa Clinic, Zaw met with Dr. Kevin Birusingh. Meet Our Faculty Learn about our faculty. The Iowa Clinic admitted a pathologist mixed up tissue samples for a patient with prostate cancer and the plaintiff, Rickie Huitt, who did not have cancer. Further, he added, noncompetes protect physicians by ensuring that other physicians in the practice are committed to the same agreement and cant abandon it without proper notice. Those feedings, according to the lawsuit, caused aspiration pneumonia in her lungs. The most common specialty named in ureteral injury malpractice cases was gynecology (68.9%), followed by urology (17.4%). They left the practice in mid-February. Iowa Capital Dispatch is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. The American Medical Association, which represents doctors, doesnt oppose restrictive covenants outright, although its policy notes they can limit patients choices. UnityPoint is now suing the Iowa Department of Public Health and the council, seeking not only judicial review of the councils rehearing denial, but a ruling that states the certificate of need should never have been issued. Really, what theyre fighting for is the right to treat their patients, he said. And hell require 24-hour daycare for the rest of his life, said Geoffery Fieger, The Kromphardts attorney. Request an Appointment For requests: 1-800-777-8442 Show additional numbers Refer a Patient Viewing the evidence in the light most favorable to the nonmoving parties, substantial evidence supported a finding Dr. Birusingh violated his duty in disclosing the procedure to Zaw. Harding said Iowa Clinic officials have alsoblamed Zawfor undergoing the vasectomyor not stopping the procedure. About six months later, Zaw was referred by his primary care physician to The Iowa Clinic, P.C. The doctors' lawsuit claims their terminations stemmed from their efforts to improve services and address staffing and financial issues in the department. Continuity of care is important, doctors say, especially for patients with ongoing medical issues. It is hard to imagine a set of circumstances that would be more concerning and alarming than to awaken from a surgery to find that your treating surgeon had been terminated and was alleged to be legally prevented from contacting you or being involved in your care in any way, the lawsuit says. Fired Iowa Clinic urologists say patients are prevented from seeing them, a lawsuit three urologists recently filed, Your California Privacy Rights / Privacy Policy. We interviewed our tech expert, Jaime Vazquez, to learn more about accessible smart home devices. Find a top urologist near you in Iowa, US who is an expert in your specific urological condition. Its a terrible, sad thing.. 'Post procedure X-rays were not performed to confirm placement and discover this improper placement. The Consumer's Resource for Class Action Lawsuits. 'Despite noting no neurological defects, Ardeth's age, lack of documented growth, and lack of cerebral edema, Dr. Greenlee recommended surgical removal, according to the lawsuit. The Iowa Clinic is a large medical practice that includes many of central Iowas medical specialists. The three who are suing were among about 140 partners, who are part-owners of the business. Attorneys at Finley Law Firm, which is representing the defendants, did not respond to a request for comment. 3, 2023 6:39 pm22h ago, State Government Mar. And, under the terms of their contract with their former employer, the doctors were banned for a year from practicing within 35 miles of the clinic and from recruiting former patients to follow them. IOWA CITY, Iowa (KCRG) - A jurys verdict for an Iowa family, the Kromphardts, is the largest in state history when it comes to medical malpractice cases. Iowas congressional candidates answer questions on, Restaurant inspection update: Sewage, rodent carcasses, mold, now suing the Iowa Department of Public Health and the council. The miscommunication was not discovered at several subsequent consultations, despite assistance from interpreters, and Zaw did not realize until after the procedure that he would no longer be able to have children. Iowans value integrity in their government. Urologists in Des Moines. Get the Android Weather app from Google Play, Two arrested for allegedly holding victim at knifepoint, Semi crashes, catches fire on I-80 in Dallas County, Rob Paulus with EveryStep joins Today in Iowa Saturday, Iowa women knock off Maryland, advance to Big Ten, Local lawmakers have one thing in common despite, Drake men win, UNI falls in MVC quarterfinals, Best athletic wear for kids joining baseball and, How to watch all the Oscar-nominated movies in style, Best smart home devices for older users, according, More than 2,000 kids compete in state archery tournament, Iowan honored for rescue of critically injured friend, Meet the Iowan who made St. Louis Gateway Arch a. 2023 www.desmoinesregister.com. Free and independent journalism is what keeps our public servants accountable and responsive to the people. Home. The Iowa Clinic is the largest physician-owned, multispecialty group in central Iowa with more than 250 doctors and health care providers practicing in more than 40 specialties and handling an average of 650,000 patient visits per year. Brownsaid in an interview the legal fight stems from a business disagreement, not any issues with patient care. The five other Iowa Clinic urologists who have submitted their resignations areBrian Gallagher, McCabe Kenny, Stephanie Pothoven, Ryan Schulte andTrevor Wild,their attorney,Paul Drey, confirmed to the Register. "The pathologist involved in this case continues to be troubled and saddened that her oversight meant a patient faced unnecessary surgery, exposure to anesthesia, and complications during recovery. All other urology appointments can be made by calling the listed Clinic number. It was only later that he learned his doctor had been fired by the Iowa Clinic and planned to start a urology practice with clinic colleagues. Harding said he is working on a response to the motion. These emergency services are necessary because complications can arise in these procedures, even when a patient is closely screened for an outpatient procedure., Lawyers for the state have also weighed in, arguing that the proposed cardiac catheterization procedures will be scheduled in advance and performed on lower-risk patients. IDPH lawyers say that while UnityPoint attempts to question the safety of these procedures, it is undisputed that the Centers for Medicare and Medicaid Services, Wellmark, other insurance providers, and the American College of Cardiology, have uniformly concluded that these procedures may be safely performed in an ASC setting.. From non-invasive in-office procedures to advanced surgeries, our physicians maintain knowledge of all cutting-edge procedures. "Because Mr. Zaw Zaw does not speak English, both written informed consents and each of the four consultations were translated by two separate interpreters,"Wittmack said. Click on the Contact Us Now tab to the right, visit our website, or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys in your state who may assist you. 13, 2019, 6:35 a.m. WHO-HD Channel 13 News covered a troubling report concerning a Central Iowa medical practice called. "I mean, (money is) a poor substitute, but it'sthe only substitute we have.". The Iowa Clinic by the Numbers 250 Healthcare Providers Find a Doctor 40 Specialties Offered See Services 5 Star Experience Learn More #1 Quality Learn More Praise From Our Patients I do all my healthcare with The Iowa Clinic's as well as my spouse. The state also has agreed to pay Robert Davis and his wife, Marie Davis, of Mechanicsville, $1 million after they sued UIHC, saying its providers 'negligently performed a spinal fusion resulting in significant neurological injury.. His urologist, Dr. Kevin Birusingh, however, was told Zaw wanted a vasectomy. They perform a full range of lab testsfrom simple blood chemistry to more complex testing proceduresall of which play a vital role in health promotion, diagnosis of illness, and management of disease. Here at ClassAction.org, we give victims the tools they need to fight back: knowledge and access. They are taking great pains not to treat any of the new doctors former patients because the terms of the doctors contracts with their old employer prohibit them from taking care of former patients for two years. 3, 2023 1:08 pm1d ago, Erin Murphy, Tom Barton, Caleb McCullough, Gazette-Lee Des Moines Bureau, State Government Mar. He said in an interview that because of the Iowa Clinic dispute, it took two extra months for him to reschedule a follow-up appointment. All rights reserved. That man's name and medical outcome have notbeen made public. Vasectomy appointments can be scheduled online using the link below. 2 The Iowa Clinic North Ankeny 1410 SW Tradition Dr, Ankeny, IA 50023 (515) 875-9000; Urology Center Of Iowa. The verdict will be split evenly between the doctors office and Mercy Iowa City: $42 million for future medical or care expenses, $11.6 million for loss of future earnings, and $20 million each for pain and suffering and loss of function of the mind and or body. The primary service area for the lab project is an 11-county area in central Iowa. Zaw sued Birusingh and the clinic, which filed counterclaims against LANGUAGEtech, the company that provided interpreters for Zaw's appointments. They say in their lawsuit that in a typicalweek, they saw a total of about 225 patientsand performed 30 to 40 surgeries. Attorney Ben Novotny, who represented Zaw in the case, disagrees, and said Zaw will ask the Iowa Supreme Court to review the decision. All rights reserved. Most disputes are settled before they make it to court, however. Kaiser Health News is a nonprofit news service covering health issues. Leading the advancement of urologic education, research, and clinical care. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Copyright 2022 KCRG. A jury has found the clinic doctor mostly at fault. Dr. Richard Glowacki, one of the urologists who left with Kellerman, performed surgery to remove her kidney stones more than a decade ago. In general, to be enforceable, the agreements must be reasonable and narrowly drawn so that they protect an employers legitimate business interest but dont unduly restrict a doctors ability to make a living. for a circumcision. It was the defendants' choice to use a general verdict form rather than breaking it down by individual claims, Novotny said, and so the defendants shouldn't be able to force a retrial because one component of that general verdict was invalid. The Iowa Board of Appeals approved all three settlements on a 3-0 vote. Research We're home to clinical and basic science research with programs focusing on prostate cancer and chronic pelvic pain. "If you create the problem, you should not get to benefit from the problem you create," he said. Vasectomy appointments can be scheduled online using the link below. VIDEO: News headlines today: Mar. But what may be good for business is bad for patient care and certainly disquieting for those whose doctors simply disappear. But a physician's assistant claimed Zaw was fluent in English and mentioned getting a vasectomy, Harding said. IOWA CITY - The state has agreed to settle three University of Iowa Hospitals and Clinics malpractice lawsuits by paying $3.7 million to three families, including one involving a Marion woman. The Iowa Clinic's leaders said they are working to replace the specialists who were fired and to persuade others to stay. (Google) An Iowa man has been awarded more than $12 million after a jury found that he wrongfully underwent surgery when a medical center gave him an. Carver Pavillion (RCP) Iowa man promised his wife he'd stop soliciting pictures from boys online. But the January 2016 surgery instead ended. We have been working to resolve this matter with the patient and his attorney for the past 12 months. All other urology appointments can be made by calling the listed Clinic number. Courts may weigh whether enforcing a noncompete clause would create a physician shortage in a particular region or specialty. When Cue called this time, a receptionist told him that his physician, Dr. Mark Kellerman, no longer worked at the Iowa Clinic in Des Moines, a large multi-specialty group. "Given the size of the verdict and the necessity of post-trial proceedings, Defendants request the Court stay entry of judgment until such time as the Court rules onDefendants post-trial motions.". When you call 1-319-356-2421 we'll help you find a provider who meets your needs. Shearersigned an affidavit in support of their lawsuit. When Don Cue developed a bladder infection last fall, he called his longtime urologists office for a urine culture and antibiotics. Zaw plans to get the vasectomy reversed, Harding said, but there's no guarantee he will be able to grow his family. IOWA CITY, Iowa (KCRG) - A jury's verdict for an Iowa family, the Kromphardt's, is the largest in state history when it comes to medical malpractice . Services We Offer Mason City Clinic is the first choice for comprehensive care Bariatrics Cardiac and Thoracic Surgery Cardiology Cornerstone Physical Therapy ENT and Allergy General Surgery Gastroenterology Hand Therapy Infectious Diseases Interventional Pain Management Neurology Orthopedics Plastic Surgery Podiatry Psychiatry Radiology / Imaging Support local journalism. After a 2019 trial, a jury awarded Zaw about $1.4 million from the clinic. Patient Leon Shearer underwent prostate-cancer surgery by Glowacki in 2017 and was continuing to see the doctor for follow-up care. Now, the physicians and UnityPoint are at war over a proposed set of cardiac catheterization labs, with each side claiming the other will be putting patients at risk for the sake of their bottom line. He has won numerous state and national awards for reporting and editorial writing. Take control of your health During one of the surgeries, according to the lawsuit, Wray suffered a stroke. Staff at the UW clinics ask prospective patients if theyve ever been seen by one of the doctors. 1717 West Ridgeway Avenue, Waterloo, IA 50701 (Map) 319-233-0340: The same occurred at the second appointment, at which Dr. Birusingh performed a vasectomynot a circumcisionon Zaw. (Photo by Sean Gallup/Getty Images). "I think it came across to the jury that he was just devastated by what had happened here," Zaw's lawyer, Marc Harding, saidThursday. While we respect the legal process, we disagree with the jurys conclusion and will consider all available options. Meet Our Physicians >, Youre in good hands no matter what issue youre facing. Place quotation marks around the healthcare provider's name and follow this with keywords like "malpractice," "lawsuit," "sanction," "complaint," or "suspension." Trueblood declined to comment via Iowa ClinicspokeswomanAmy Hilmes. The council then denied UnityPoints request for a rehearing. He said the Iowa Clinic should waive the non-compete clauses, allowing the three specialists to resume work. Case remains on track for 2024 trial. They then check the patients electronic health record to confirm there are no messages, prescription refills or other recent contact with the new UW Health doctors and that patient at the previous job, said Kamnetz. The settlement benefits individuals who received a notice that their personal identifying information may have been compromised in an Urology Center of Colorado data breach between Sept. 7 and 8, 2021. Five of the practices remaining seven urologists submitted their resignations amid the dispute, but are continuing to work.
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