Another Bush bungling.
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Not So Frivolous
June 18, 2004
By BOB HERBERT
ALLIANCE, Ohio
President Bush traveled to Youngstown, Ohio, a few weeks
ago to talk about health care, and before long he was
reprising his complaint about "junk and frivolous"
malpractice suits, which he said are discouraging good
doctors from practicing medicine.
As he often does, the president called for reforms to make
it more difficult for patients to seek compensation and to
restrict the amount of damages that could be paid to those
who prove they have been harmed.
To bolster his argument Mr. Bush introduced a local doctor,
Compton Girdharry, to an audience at Youngstown State
University. Dr. Girdharry, an obstetrician/gynecologist,
said he had been driven from a practice of 21 years by the
high cost of malpractice insurance.
The president praised Dr. Girdharry and thanked him for his
"compassion."
If Mr. Bush was looking for an example of a doctor who was
victimized by frivolous lawsuits, Dr. Girdharry was not a
great choice. Since the early 1990's, he has settled
lawsuits and agreed to the payment of damages in a number
of malpractice cases in which patients suffered horrible
injuries.
"It's been four years since my son passed away, and I don't
feel any stronger or any happier than the day I lost him,"
said Lisa Vitale, whose suit against Dr. Girdharry and a
hospital was settled out of court.
During an interview in her home in Alliance, Ms. Vitale
said she went into Alliance Community Hospital on the
morning of Aug. 17, 1993, for the delivery of her second
child.
Her first delivery had been by Caesarean section, but Ms.
Vitale said she was told that a vaginal delivery this time
would not be a problem. While she was in the delivery room,
however, the fetal monitoring strip was not properly
checked and, she said, she was left alone and in pain for
long periods. Dr. Girdharry stopped by around 6 p.m. and
then went to dinner.
No one noticed that the baby was in serious distress.
Dr.
Girdharry blamed the ensuing tragedy on the nurse. Ms.
Vitale, he told me, "was being monitored by a nurse who was
what they call a casual part-time nurse, who was not very
well trained in reading fetal monitor strips."
By the time he was called back from dinner, he said, it was
"too late" to take the steps, including a Caesarean
delivery, that might have prevented permanent injury.
The baby was born with severe brain damage. He was unable
to even drink from a bottle. He lived six years and four
months, requiring nursing care the entire time.
Judy Mays, another patient of Dr. Girdharry, delivered a
son by Caesarean section on March 26, 1999. The baby was
fine. But, as alleged in a suit filed by Ms. Mays, when the
incision was closed, a sponge with a cord and a ring
attached to it was left inside.
Ms. Mays said she complained repeatedly to Dr. Girdharry
about the pain she experienced, which at times was
incapacitating. "When I brought it to the doctor's
attention," she said, "he told me, `Well, you just had
major surgery. You've got to heal."
After four and a half agonizing months, Ms. Mays felt a
bulging growth beneath the skin, "about the size of a
grapefruit."
She was petrified, she said, thinking it was a tumor. She
said an associate of Dr. Girdharry ordered tests, including
a CAT scan. The sponge was spotted, but by that time it had
adhered to her internal organs and her intestines were
surrounding it.
Dr. Girdharry told me he began operating to remove the
sponge but found the damage was worse than he had expected.
Another surgeon was called to complete the surgery.
Ms. Mays said she learned after the surgery that part of
her large and small intestines had been removed, and that
she probably would have died if the sponge had stayed
inside her for another month. The surgery, she said, has
left her with a variety of permanent ailments.
These are just two of the cases settled by Dr. Girdharry,
who told me that his appearance in Youngstown with
President Bush was "a dream come true."
Yesterday a White House spokesman said the president had
not been aware of the problems in Dr. Girdharry's
background. "Had this doctor provided that information,"
the spokesman said, "he would not have been at that
event."
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