Dr. Steven P. Thoma, MD - Urology Specialists | Mason City Clinic The Iowa Clinic The guiding principle is patient choice, said David J. Clark, a partner in the New York office of the law firm Epstein Becker Green who has analyzed state noncompete statutes in health care. Gazette reporter Rod Boshart contributed to this story. Zaw testified that he had a copy of that document and he gave it to an interpreter, who delivered it to the front desk at the clinic. For patients in central Iowa, the departures of longtime urologists at the Iowa Clinic is dizzying. When doctors want to move from one practice to another, if theyve got good therapeutic relationships with their patients, youd think that public policy would want them to continue to treat these patients that trust them, said Judy Conti, government affairs director at the National Employment Law Project. Iowa man sues clinic for misdiagnosing him with prostate cancer About six months later, Zaw was referred by his primary care physician to The Iowa Clinic, P.C. You also have the option to opt-out of these cookies. 2, 2023 2:55 pm2d ago, Health Care and Medicine Feb. 25, 2023 5:00 am7d ago, Health Care and Medicine Feb. 23, 2023 6:13 pm8d ago, Vanessa Miller Higher Ed Mar. Necessary cookies are absolutely essential for the website to function properly. Brown, the clinic CEO, said the urology department has replaced four of the eight urologists and has nine nurse practitioners or physician assistants to treat patients. As it. Follow the Register on Facebook and Twitter for more news. 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. Trueblood declined to comment via Iowa ClinicspokeswomanAmy Hilmes. A recent report by the Trump administration evaluating how to promote choice and competition in health care recommended that states examine noncompete agreements for their effect on patients access to care and the supply of providers. It is an editorially independent program of the Kaiser Family Foundation, which is not affiliated with Kaiser Permanente. Huitts lawsuit against the Iowa Clinic and Trueblood was filed in Polk County District Court in 2017 and is tentatively scheduled to go to trial April 1. The battle lines were drawn last summer, when The Iowa Clinic filed an application with the state for a certificate of need for two new, state-of-the-art cardiac catheterization labs that would be used to help diagnose and treat heart disease within the clinics existing ambulatory surgical center, or ASC. Trueblood said in the deposition that the scanner glitch hadhappened a few previous times during the thousands of cases she'd handled over about 10 years, but she had caught the previous errors. Would you agree with that?, More:Fired Iowa Clinic urologists say patients are prevented from seeing them. She has no plans to return to the Iowa Clinic. He said the Iowa Clinic should waive the non-compete clauses, allowing the three specialists to resume work. 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. 3. Request an Appointment For Urology related requests: 1-319-356-2421 Show additional numbers Refer a Patient Find a Provider Take our Men's Health Assessment Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. Dr. Birusingh explained these conditions were not important to his examination related to the vasectomy. Welcome to The Iowa Clinic Urology Department. But on Friday, after this story first published, she released the following statement: "In 2017, one of our patients underwent unnecessary surgery because his normal pathology result was not correctly entered into his medical chart. "It was a written referral that in four places said that it was a circumcision, and according to the records from Des Moines University, it was faxed over to the Iowa Clinic, which would have been for Dr. Birusingh," Harding said. The Iowa Clinic said in an emailed statement that it "has a long history of providing outstanding care for our patients and we believe such was the case in this matter." Birusingh, who was. $97.4 million with the largest portion for future medical costs for the child who is at the center of the lawsuit. It didnt provide details about where she would be going. 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. Half of that million would come from the state's general fund and the other half would come from UI Physicians, the multi-specialty medical and surgical group that represents more than 1,000 UI physicians in 19 clinical departments. He saidthe Iowa Clinics board fired the three urologists after learning they planned to split off and form a new practice. Our primary focus remains on providing high-quality care to our patients and families,. Language interpreting services available upon request. And hell require 24-hour daycare for the rest of his life, said Geoffery Fieger, The Kromphardts attorney. 5950 University Avenue, West Des Moines, IA 50266 (Map) 515-875-9800: Book Appointment. 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. Department of Urology - University of Iowa Shearersigned an affidavit in support of their lawsuit. Jury reaches $97.4 million verdict in Iowa City medical - KCRG The Consumer's Resource for Class Action Lawsuits. The wrongful termination suit asks the court to declare the physicians restrictive covenant provisions unenforceable. 2023 www.desmoinesregister.com. Urology Urology-Southeast Iowa Regional Medical Center diagnoses and treats conditions of the kidneys, bladder and urinary tract in men and women, and all organs of the male reproductive system. Arora and Assouline-Dayan are not currently listed as UIHC physicians. The Iowa Clinic is owned by about 140 physicians and includes many of the Des Moines area's medical specialists. Carver Pavillion (RCP) "Defendants will file post-trial motions on several grounds, including but not limited to, that the verdict is inconsistent, excessiveand unsupported by substantial evidence in the record," the motion states. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. The most common specialty named in ureteral injury malpractice cases was gynecology (68.9%), followed by urology (17.4%). 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. Iowa Clinic Urology 5950 University Ave Ste 341 West Des Moines, IA, 50266 Tel: (515) 875-9800 Visit Website Mon8:00 am - 4:30 pm Tue8:00 am - 4:30 pm Wed8:00 am - 4:30 pm Thu8:00 am - 4:30. Patients get frustrated, but what they may not understand is that this is a legal thing that we have to abide by, she said. A jury has found the clinic doctor mostly at fault. Our urologists are experts in mens health, prostate cancer, womens health, pediatric urology and robotic surgery. It was a familiar routine for the two-time prostate cancer survivor; infections were not uncommon since he began using a catheter that connects to his bladder through an incision in his abdomen. While we respect the legal process, we disagree with the jurys conclusion and will consider all available options. Physicians who specialize in caring for those with pelvic floor disorders include both urogynecologists and urologic surgeons. 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IOWA CITY Though a University of Iowa urology professor's lawsuit against a UI law professor is continuing, it's doing so absent a federal First . Claim this business. UIHC disputed that assertion in court documents, reporting, 'surgical removal versus observation were discussed with the patient, and she elected to proceed with surgery after the risks associated with the surgery were discussed., The family accused the doctor of failing to treat a preoperative positive Staphylococcus aureus test with antibiotics before surgery 'to eliminate the colonized pathogen and reduce the risk of infection during the procedure.. The clinic is continuing to recruit physicians and advanced practice providers like nurse practitioners. Emailing us via this page is not an encrypted means of communication with our practice. Iowa Clinic - Urology 5950 University Ave Ste 341, West Des Moines, IA 50266 (515) 875-9950; The Iowa Clinic North Ankeny. Please look at the time stamp on the story to see when it was last updated. UIHC settles $15 million lawsuit with employees - The Daily Iowan Zaw sued Birusingh and the clinic, which filed counterclaims against LANGUAGEtech, the company that provided interpreters for Zaw's appointments. In 2018, ranked as the #1 lowest beneficiary cost ACO in the country - continue to be significantly below market in total cost of care and ER admission and readmission. Urology Clinic. The Iowa Clinic's leaders said they are working to replace the specialists who were fired and to persuade others to stay. 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. But the case can still go back to trial because no expert testimony is needed to establish medical malpractice if"the lack of care is so obvious it is within comprehension of a layperson," Greer wrote. Thus, Dr. Birusingh and The Iowa Clinic were not entitled to a JNOV on the informed-consent theory.. EZDoctor Physician Report | Has My Doctor Been Sued for Malpractice By clicking ACCEPT ALL, you consent to the use of ALL the cookies. Home. The 41-year-old mandad to three "delightful" children, according to his attorneyis not currently able to father any more children after Dr. Kevin Birusingh, then of the Iowa Clinic, performed a vasectomy when the patient thought he was getting a circumcision. The doctors' lawsuit claims their terminations stemmed from their efforts to improve services and address staffing and financial issues in the department. Allegations the Iowa Clinic Inappropriately Pushed Orilissa Study on Following a multi-day jury trial, an Iowa medical malpractice jury was instructed to consider whether Dr. Birusingh was negligent in his communication with Zaw or in failing to obtain informed consent from Zaw. Stay up to date with the more relevant news and education from Urology Center of Iowa. Carver Pavillion (RCP) Level 3, Elevator E 1-319-356-2421 Clinic In University of Iowa Hospitals & Clinics 200 Hawkins Drive, Iowa City, IA 52242 July 18, 2022 The University of Iowa Hospitals and Clinics Holden Comprehensive Cancer Center is located within the John Pappajohn Pavilion on the University of Iowa campus in Iowa City. Urology; Practice Locations Phone; UnityPoint Health Allen Hospital - Center for Urology. 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.. Specialties. 3, 2023 6:39 pm22h ago, State Government Mar. Vasectomy appointments can be scheduled online using the link below. AnIowa Clinic spokeswomanin an email pinnedthe blame squarely on Birusingh. Fired Iowa Clinic doctors prevented from seeing Des Moines-area patients The defendants, including both the Iowa Clinic and Birusingh, have filed a motion in court to stay the verdict. We have a team of urologists specializing in the diagnosis and treatment of diseases of the urinary tract and urogenital system. (Photo by Sean Gallup/Getty Images). But opting out of some of these cookies may affect your browsing experience. The urologists believe they can make more money elsewhere, and they dont want to be held to any contractual responsibilities, he said. Other states, such as Texas and Tennessee, place limits on the agreements. 4, 2023 5:00 am21h ago, By Caleb McCullough and Erin Murphy, - Gazette-Lee Des Moines Bureau, State Government Mar. To the extent that these agreements disrupt continuity of care and disrupt patient choice, this is of great concern to the AMA, said Dr. Patrice Harris, the organizations president-elect. Birusingh is no longer at the Iowa Clinic; he was fired last year amid allegations that he and two other urologists planned to split off and start a new practice. In a deposition filed in July 2018, Dr. Joy Trueblood, who was the Iowa Clinics anatomical laboratory director at the time, stated she was examining two separate prostate files when she mistakenly scanned 65-year-old Huitts as the cancerous file. Copyright 2023. iowa clinic urology lawsuit . Skip to content. Mr. Zaw Zaw also informed a separate physicians assistant that he had scheduled the vasectomy in the days before it was performed.". Brownwouldnt comment on details of the case, includingwhat happened to the secondpatient, who actually hadprostate cancer. A group of central Iowa physicians and one of Iowas largest health care providers are facing off in court and accusing each other of being motivated more by money than by patient care. 'Today, Ardeth suffers from neurological deficits, including significant memory loss, vision loss, and struggles with most cognitive functions, according to the lawsuit. I cover higher education for The Gazette, including Iowa's public universities, community colleges, and private institutions. Urologic diseases and disorders include: Abnormalities of urologic organs Cancers of the bladder, kidney, penis, prostate, testicles, and urethra Iowa surgeon accuses 'monopolistic' Wolfe Clinic of antitrust violations Contracts with so-called restrictive covenants are now common in medicine. You will begin to receive ourDaily News updates. They also saidtheir urology department is seeing more patients now than before the firings. Wray developed an infection, resulting in additional surgeries, an ICU stay, and time in skilled care recovery. Staff at TrialSite | Quality Journalism. His urologist, Dr. Kevin Birusingh, however, was told Zaw wanted a vasectomy. The suit says Huitt's urologist. The lawsuit says there were ample signs a cesarean section was necessary at the time of the birth in 2018, but Dr. Jill Goodman continued with vaginal birth, where the baby didnt get enough oxygen to his brain and suffered a skull fracture. If your child will play baseball or softball this spring, youll need to stock up on appropriate clothing and equipment. The Urology Center of Colorado (TUCC) agreed to a class action settlement to resolve claims it was responsible for a 2021 data breach. An Iowa Clinic spokeswoman said Wednesday the business will not waive the one-year non-compete clause in the doctors' contracts. "I think it came across to the jury that he was just devastated by what had happened here," Zaw's lawyer, Marc Harding, saidThursday. Ed Brown, the clinics CEO, said the noncompete agreements are not just about business but also help ensure that the Iowa Clinic can provide reliable services. The suit says Huitt's urologist initially had a tissue sample of his prostate checked after a blood screening test suggested he may have cancer. "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. The Iowa Clinic's West Des Moines Campus. Urogynecology Urogynecology is a medical specialty that focuses on the diagnosis and treatment of pelvic floor disorders. The suit says the Iowa Clinic has invoked aone-year non-compete clause inthe doctors contracts to prevent them from practicing in the Des Moines area, which has a shortage of such specialists. This website uses cookies to improve your experience while you navigate through the website. I dont have any idea, the pathologist replied. They deny the practice's claim they were "disloyal" to the business. The jury awarded Zaw $500,000 for past loss of bodily function; $250,000 for future loss of bodily function; $1,000,000 for past physical and mental pain and suffering; and $250,000 for future physical and mental pain and suffering. Support local journalism. 2023 www.desmoinesregister.com. Caleb McCullough, Gazette-Lee Des Moines Bureau. We understand that trust is earned every day.". Another pathologist examined Huitt's prostate after it was removed and found no cancer, said Huitt's lawyer, Randy Shanks. William Morris covers courts for the Des Moines Register. "And Dr. Birusingh and the people that he was working with over at the Iowa Clinic just didn't really care.". Directions. 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. Case remains on track for 2024 trial. But what may be good for business is bad for patient care and certainly disquieting for those whose doctors simply disappear. Published: Mar. UIHC practitioners Sumant Arora and Yehudith Assouline-Dayan on Nov. 29 - along with staff under their direction - examined the patient's esophagus, stomach and small intestine and placed a feeding tube. Iowa doctor's suit against insurer in $12M malpractice case shut down But the January 2016 surgery instead ended the man's ability to reproduce. Here at ClassAction.org, we give victims the tools they need to fight back: knowledge and access. The three who are suing were among about 140 partners, who are part-owners of the business. Please see our republishing guidelines for use of photos and graphics. Huitt's lawsuit against the Iowa Clinic and Trueblood was filed in Polk County District Court in 2017 and is tentatively scheduled to go to trial April 1. Wray, according to the daughters' June 2018 lawsuit, was a healthy 74-year-old when UI physician Jeremy Greenlee in 2015 diagnosed her with a non-cancerous tumor in the lining of her brain. iowa clinic urology lawsuit - si2021.gtlanding.com 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. "What Dr. Birusingh said (in testimony) was, 'I never saw it. The suit estimates the Iowa Clinic provides 95 percent of urology services in the Des Moines area. Several states, including Massachusetts and Colorado, that allow noncompete clauses in employment contracts generally wont enforce them against doctors, according to Clarks analysis. UnityPoint Health-Des Moines is going to court to try to block the creation of two new cardiac catheterization labs. Research We're home to clinical and basic science research with programs focusing on prostate cancer and chronic pelvic pain. Cutting off access to a doctor is different from disrupting someones relationship with a favorite hairstylist or money manager, they say. Class Action Lawsuits: Everything you need to know Do an online search. Once alerted about the situation, we immediately apologized to the patient and implemented changes to make certain such a mistake would not happen again," the spokeswoman wrote. Prostate cancer surgery performed on wrong patient in Iowa Clinic mix-up 3, 2023 3:40 pm1d ago, On Iowa Politics Mar. Brown, the Iowa Clinics leader, said Huitt's situationis unrelated to a lawsuit three urologists recently filed against the medical practice. Place quotation marks around the healthcare provider's name and follow this with keywords like "malpractice," "lawsuit," "sanction," "complaint," or "suspension." Wrong surgery gives man unwanted vasectomy. That man's name and medical outcome have notbeen made public. All other urology appointments can be made by calling the listed Clinic number. Leading the advancement of urologic education, research, and clinical care. The appellate court addressed that issue in a footnote, saying that Birusingh and the clinic did not "invite this error.". Thats why Iowa Capital Dispatch, a nonprofit, independent source for quality journalism, is working every day to keep you informed about what government officials are doing with your money, your freedom and your safety. 'Sharon was reinstituted feedings without X-rays being taken.. On Nov. 23, however, the Iowa Court of Appeals remanded the case for a new trial, finding that one of Zaw's two major theories of liability was not supported by the evidence. He has won numerous state and national awards for reporting and editorial writing. But the January 2016 surgery instead ended. Iowa Man Awarded $12.25 Million from Iowa Clinic After - WHO 13 Huitts urologist, Meyer, is not one of the eight who were fired or quit as part of thebusiness dispute. They are also subject to noncompete restrictions. SCHEDULE ONLINE Somehow they lost sight of patient care and were more concerned about the bottom line, she said. 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. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. 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. Iowans value integrity in their government. Free and independent journalism is what keeps our public servants accountable and responsive to the people. Call 1-319-356-2421 Locations and Offices Urology Clinic 3120 Roy J. Iowas congressional candidates answer questions on, Restaurant inspection update: Sewage, rodent carcasses, mold, now suing the Iowa Department of Public Health and the council. Susan Murphy, 72, has seen a number of doctors in the urology department. UnityPoint-Des Moines opposed the project, citing a recent decline in case volume, an excess capacity for providing cardiac catheterization services, as well as the expected revenue shift from nonprofit hospitals to a for-profit enterprise owned by the physicians.