Somehow they lost sight of patient care and were more concerned about the bottom line, she said. Call 1-319-356-2421 Locations and Offices Urology Clinic 3120 Roy J. Case remains on track for 2024 trial. The same occurred at the second appointment, at which Dr. Birusingh performed a vasectomynot a circumcisionon Zaw. 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. Five of the practices remaining seven urologists submitted their resignations amid the dispute, but are continuing to work. Comments: (319) 339-3158; vanessa.miller@thegazette.com, Trish Mehaffey Crime and Courts Sep. 12, 2021 10:48 am538d ago, Gage Miskimen Health Care and Medicine Jul. Urology SCHEDULE ONLINE Call to Schedule: 515.875.9800 Get Care Services and Treatments Patient Information Physicians & Providers Locations Blog Articles Urology Physicians & Providers Find an expert, board-certified urologist near you. In recently filed court papers, lawyers for UnityPoint took issue with The Iowa Clinics motives, stating the doctors decision to build the new labs to perform the same procedures on the same patients but in their own facility (was made) so they can reap the benefits., UnityPoint also raised questions of safety, arguing that lab patients in the midst of a cardiac emergency would have care transferred to an entirely new care team at a separate medical facility, adding unnecessary time and delays to access to treatment., Lawyers for The Iowa Clinics physicians then accused UnityPoint of attempting to shock by suggesting The Iowa Clinics project puts patients at risk. 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. 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. Do an online search. Urology Center of Iowa. Please see our republishing guidelines for use of photos and graphics. It is an editorially independent program of the Kaiser Family Foundation, which is not affiliated with Kaiser Permanente. In Texas, for example, a noncompete pact must allow doctors to have access to a list of their patients in the past year and access to their medical records, among other things, Clark found. Brownsaid in an interview the legal fight stems from a business disagreement, not any issues with patient care. 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.. 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. 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. Iowans value integrity in their government. 515.400.3550 515.400.3551 515.400.3550; 515.400.3551 . brookline apartments pittsburgh upenn email after graduation iowa clinic urology lawsuit. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. The jury found Birusingh was 70% at fault in the case, according to the verdict form filled out by the jury foreperson. Failing to clearly communicate what surgery one is about to perform, she said, qualifies. If you are experiencing a medical emergency, do not contact us either via phone or email but instead call 911. 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 the past 25 years, the physicians who make up The Iowa Clinic and the hospital network known as UnityPoint Health-Des Moines have enjoyed a partnership that has resulted The Iowa Clinics cardiologists practicing at UnityPoint facilities, including Iowa Methodist Medical Center, Iowa Lutheran Hospital and Methodist West. "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. 24/7 coverage of breaking news and live events. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Biden had cancerous lesion removed, no further treatment, Biden Education chief: GOP using schools as a means, PIT maneuver, stop sticks end 105mph chase in Des, Harlem Globetrotters coming to Des Moines later this, Raised at Full Draw teaches bow hunting for free, Ukrainian doctors visit Des Moines VA to better serve, Celestial meeting in Iowa skies this week, Do Not Sell or Share My Personal Information. 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 negligent communication claim, the court found, should have been dismissed before it went to the jury. When you call 1-319-356-2421 we'll help you find a provider who meets your needs. Meet with a physician Get uncomplicated access to comprehensive, compassionate and state-of-the-art urologic care. However, you may visit "Cookie Settings" to provide a controlled consent. Iowa Clinic Urology Ankeny Campus 1410 SW Tradition Dr Ste 225 Ankeny, IA, 50023 Tel: (515) 875-9800 Visit Website Mon9:00 am - 5:00 pm Tue9:00 am - 5:00 pm Wed9:00 am - 5:00 pm Thu9:00 am -. Birusingh, who was fired in 2018during a dispute over plans to start a new urology practice,said he was glad the court"provided the chance to let justice prevail in this case.". From non-invasive in-office procedures to advanced surgeries, our physicians maintain knowledge of all cutting-edge procedures. Here's how to schedule your procedure: 1. Zaw Zaw,a 41-year-oldimmigrant born in Myanmar, was referred by his primary care doctor in 2015to The Iowa Clinic in West Des Moines to receive a circumcision. Court records show Trueblood explained to lawyers how she believedthe mix-up happened. An interpreter hired by the clinic through LANGUAGEtech, Inc. attended the initial appointment and provided interpretation services for Zaw and the doctor. About Iowa Clinic: #1 in Des Moines Metro and top 3 in the state according to Wellmark, utilizing their internal measurement of quality and outcomes. This offensive notion obscures (UnityPoints) obvious focus on its bottom line rather than what is best for patients The council recognized The Iowa Clinics project would permit Iowa to get with the times rather than wait for years to pass, depriving patients of an ambulatory surgical center option for no good reason., Lawyers for UnityPoint countered that the proposed facility would be the first in Iowa to perform these procedures outside of a hospital facility and thus lacking 24-hour, 7-days-per-week availability. A urologist is a doctor who specializes in treating urinary disorders or conditions that affect the male reproductive system. The suit wasfiled in Polk County District Court by urologists Mark Kellerman, Richard Glowacki and Kevin Birusingh. "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. DEIJ Policy | Ethics Policy | Privacy Policy. 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. 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. Zaw plans to get the vasectomy reversed, Harding said, but there's no guarantee he will be able to grow his family. 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. The Urology Center of Colorado (TUCC) agreed to a class action settlement to resolve claims it was responsible for a 2021 data breach. The Iowa Clinic is owned by about 140 physicians and includes many of the Des Moines area's medical specialists. I never read any of those,'" Harding said. During one of the surgeries, according to the lawsuit, Wray suffered a stroke. The Iowa Clinic provides the bulk of urology services in the Des Moines area, including procedures performed at the UnityPoint and Mercy hospitals. The attorney said he rarely speaks to his client without someone to interpret. Emailing us via this page is not an encrypted means of communication with our practice. You also have the option to opt-out of these cookies. The lawsuit from the three fired doctors contends their patients were handled in an outrageous and wholly unnecessary way. Copyright 2022 KCRG. 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. "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. It is mandatory to procure user consent prior to running these cookies on your website. 13, 2019, 6:35 a.m. WHO-HD Channel 13 News covered a troubling report concerning a Central Iowa medical practice called. 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. That man's name and medical outcome have notbeen made public. 23, 2022 at 6:56 PM PDT. urology clinic san antonio, tx 78229: select: listengarten, dmitry v md 1669433173: 1669433173: 8550 huebner road san antonio, tx 78229: select: little, david a dds 1508997198: 1508997198: 6961 us highway 87 e san antonio, tx 78263: select: little, michael brandon md 1043412414: 1043412414: 7703 floyd curl dr mc 7977 san antonio, tx 78229: select 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. 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. 5950 University Avenue, West Des Moines, IA 50266 (Map) 515-875-9800: Book Appointment. 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. The Iowa Clinics chief executive officer, Ed Brown, said in an interviewthe large medical practice wants to resolve the lawsuit in mediation. Hilmes initially said patient-privacy laws prevented her from commenting any further on the situation. Advertisement. Addnewsletters@thegazette.comto your contacts. After Kellerman and his colleagues left, five of the clinics remaining seven urologists submitted their resignations. 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. The circumcision was done at a differently facility, his attorney said. If your child will play baseball or softball this spring, youll need to stock up on appropriate clothing and equipment. Likewise, no one testified it was outside the standard of care of a urologist, through his or her clinic, to shred documents provided from the patient or another clinic., With regard to Zaws informed consent claim, the Iowa Appellate Court stated: when we consider whether substantial evidence supported the jurys finding Dr. Birusingh failed to obtain informed consent, the doctors duty to impart information is based on making a reasonable effortnot on whether the patient actually grasps the information the physician discharges the duty when he [or she] makes a reasonable effort to convey sufficient information although the patient, without fault of the physician, may not fully grasp it the material information Dr. Birusingh purportedly failed to disclose was the vasectomy itself. By clicking ACCEPT ALL, you consent to the use of ALL the cookies. 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. The three physicians lawyer, Charles Wittmack, said their lawsuit is not mainly aimed at obtaining money from the Iowa Clinic. Dr. Birusingh and The Iowa Clinic assert that even if Zaw proved he was unaware of the vasectomy until after Dr. Birusingh performed it, Zaw did not establish that lack of knowledge was due to Dr. Birusinghs failure to disclose material information, so his claim fails., However, the Iowa Appellate Court further ruled: There were also questions raised about Dr. Birusinghs physical examination of Zaw and whether it was rushed. Afterward, Huitt, 67, suffered incontinence and other serious side effects of the surgery, the lawsuit says. Huitts urologist, Carl Meyer, read the pathologists erroneous report and told Huitt he had a serious case of prostate cancer, the lawsuit says. We also use third-party cookies that help us analyze and understand how you use this website. October 16, 2022. The Iowa Clinics staff includes about 160 physicians, Brown said. 19, 2019. 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. 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. Carver Pavillion (RCP) Iowa sex offender charged with another felony sex crime, court records show, 3-month-old, woman found dead in Webster City apartment, Police: 'Industrial accident' leaves one dead at central Iowa biofuels plant, awarded a Panora man more than $12 million, Your California Privacy Rights / Privacy Policy. 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. Specialties. (Photo by Sean Gallup/Getty Images). Cutting off access to a doctor is different from disrupting someones relationship with a favorite hairstylist or money manager, they say. 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. 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 . 2 The Iowa Clinic North Ankeny 1410 SW Tradition Dr, Ankeny, IA 50023 (515) 875-9000; Urology Center Of Iowa. The Iowa Clinic is a large medical practice that includes many of central Iowas medical specialists. Tyler Davis can be contacted at tjdavis@dmreg.com or on Twitter @TDavisDMR. "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.". five of the clinics seven remaining urologists, Your California Privacy Rights / Privacy Policy. They deny the practice's claim they were "disloyal" to the business. She refused to divulge where hed gone. Dr. Bradley Thorgaard, 515-239-4490, is a Urologist in Ames, Iowa at McFarland Clinic, 1215 Duff Avenue. 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. 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. Please look at the time stamp on the story to see when it was last updated. 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. 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. His urologist, Dr. Kevin Birusingh, however, was told Zaw wanted a vasectomy. The physicians of The Iowa Clinic have privileges at both central Iowa hospital system, UnityPoint Health and MercyOne. Staff at TrialSite | Quality Journalism. Although hospital-based cardiac catheterization is currently offered in Des Moines at MercyOne, Iowa Methodist Medical Center and the Iowa Lutheran hospitals, the doctors at The Iowa Clinic argued that cardiac catheterization performed at their West Des Moines clinic or a similar surgical center, rather than a hospital, would serve patients more effectively and at a lower cost. 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.. Wrong surgery gives man unwanted vasectomy. Our longstanding practice and tenured physicians are a testament to the urological care we provide. Dr. Birusingh and The Iowa Clinic filed an appeal. An interpreter was used in court. William Morris covers courts for the Des Moines Register. Research We're home to clinical and basic science research with programs focusing on prostate cancer and chronic pelvic pain. We have been working to resolve this matter with the patient and his attorney for the past 12 months. Its a terrible, sad thing.. In University of Iowa Hospitals & Clinics. Arora and Assouline-Dayan are not currently listed as UIHC physicians.
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