MDs making their patients worse -- no charges?

In GQ since it’s a factual question, even though it arose out of a TV show. If the mods feel it belongs in CS, please feel free to move it

On Grey’s Anatomy, one of the characters fell in love with a patient who needed a heart transplant. Without a new heart, the patient (Denny) was going to die - however, he was behind another patient who filed for a new heart mere minutes before Denny did.

In an effort to get Denny higher up on the list, she cut his LVAD (?) cord, thereby worsening his condition and getting him put higher up on the list. In the end, Denny got the heart transplant, but died anyway.

I’m fairly certain that the death of Denny can’t be attributed directly to the doctor because he did, in the end, get a new heart and died of the complications that followed it. However, I’m kind of curious if the doctor couldn’t have been charged with attempted murder, or reckless endangerment, or whatever. And, even if there is no criminal case, certainly there would be some medical ethics action, no? (Note: The doctor, an intern, quit the program, but she is attempting to return to the intern program.)

Since the show is set in Seattle, I suppose Washington law would apply, but I’d be willing to hear about other states as well.

  1. Could the doctor have been brought up on criminal charges? If so, what charges?

  2. Should the doctor have lost her license to practice medicine?

Zev Steinhardt

I thought you were asking if patients got billed for surgery that made them worse. I have a friend who had completely unnecessary surgery based on a mis-read CAT scan and still had to pay about $3,000 for it.

If what the doctor did was illegal and also triggered him getting a heart transplant, and complications of the transplant killed him, I think it’s technically murder or manslaughter, because he died as a consequence of the commission of a crime.

But it gets murky if they try to decide whether he would otherwise have gotten a heart transplant the complications of which killed him.

IANAL anyway.

What about the guy ahead of Denny? Could the doctor be charged if he died, since he would have received the heart if Denny hadn’t and might have lived? And what about if the heart Denny would have received wouldn’t have killed him? Based on my own system of ethics it seems to me that the doctor is ethically, if not legally, culpable for the deaths of either or both of these men. (I did not see the episode.)

17 seconds! 17 seconds stood between Denny and that heart!

Would it be mitigated by the fact that Denny gave her the go-ahead to cut the wires?

17 seconds. I stand corrected.

Would it be mitigated by the fact that Denny gave her the go-ahead to cut the wires?
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IANAL, but when it comes to murder, I think the answer would be no. Even if the victim says “go ahead, murder me,” it’s still illegal and prosecutable.

Zev Steinhardt

There are tricky areas at the juncture of law, medicine and real world practice, but this doesn’t seem all that murky to me.

An “intern” doesn’t get to make that kind of choices about the course of medical care. It is not their degree that enables them to practice medicine legally, it’s the license (e.g. a license to practice medicine or surgery may be granted in the US for holders of non-doctorate foreign degrees we don’t grant in the US, such as the MBBS) Interns only practice under a “limited license” issued under the aegis of a teaching hospital, and only valid while they are under supervision. They don’t have a “real” license of their own, and can’t so much as write a prescription for shoe inserts outside of their hospital duties without breaking the law.

No hospital would sanction this “trick”. Medical risks aside, it would be a huge black mark that could (in theory) could get the program booted from a local or national donor organ networks. Further, barring some freak failure of the "off"switch, cutting an LVAD line is not the practice of medicine. Doing it without the authorization or knowledge of the attendings is the same criminal act whether it was done by an intern or a patient’s worried (TV-watching) girlfriend.

I’d think that there’d be a fair chance that the intern could be prosecuted, if some victim, relative or other involved party pushed for criminal sanctions – and there may be many ‘victims’: the person who would otherwise would have gotten that heart, the hospital, the donor organ network… and I know plenty of attendings who would want to see such an intern burned at the stake.

While IANAL, I think quite a few felony charges could be plausibly argued, and it is my understanding that when foreseeable injury/damage occurs as a result of a neglectful or reckless act (more so, a crime), the defendant “takes the victim as they are” – i.e. You didn’t know the guy had a heart condition when held a gun to his head during a bank robbery, but even if he’d just come from a meeting where a team of docs had given him a week to live, you can’t say “he’d have died anyway”. It was his week to live, and you stole it with an act you had no right to commit.

There’s a lot of “luck of the draw” in complicated medical cases. It would be pretty rare that one could say in hindsight that the patient would have died anyway if they got the next donor organ. IANA transplant surgeon, but they do disqualify patients with conditions that strongly decrease survival like severe pulmonary disease, severe osteopenic bone disease, and untreated chemical dependency – much less any “he’ll die anyway” condition like active or untreatable malignancy [cancer therapy and antirejection therapy usually work at cross purposes]

More often, if a transporter accident scattered 100 copies of the hospital patient and team across the planet, some of the identical patients would live and some wouldn’t. By changing the timing and donor organ with a criminal or reckless act outside the scope of their professional authority, the intern may have caused the patient to die when they might have lived.

(As an aside: that’s not just the limits of our knowledge, it may literally be true: chaos theory and advanced theories of heart conduction have a long history together. Two consecutive heartbeats are only superficially identical, so one copy could go into a fatal arrythmia, while another didn’t, based on the “butterfly effect” sequelae of light coming in the patient’s window at a different angle

But rather than manslaughter, I’d say that surreptitiously disconnecting the LVAD line (how did they do that without triggering the pump alarm?) makes them guilty of both malpractice and reckless endangerment even if no one were harmed in the making of this scenario, Medical mapractice is generally a civil offense, but at least some states have a “felony reckless endangerment”, and even misdemeanor reckless endangerment can carry substantial jail time.

I believe that’s how they’re going to get around her return to the hospital. Her supervisor and the chief have said they weren’t watching her closely enough, and so they will absorb some of the responsibility. As far as the alarms, Izzy had the other interns in with her and they conspired to pull off the caper, probably doing what they needed to to not be caught.

A stunt like this wouldn’t be grounds from firing you from an intern programme at one hospital, it would be grounds for getting you struck off. She would not be dealt with by the hospital, but would have been referred to the state medical board for disciplinary action.

It pretty much sets the standard of “Gross professional misconduct”, and ethically goes against “first do no harm”.

A lot of medical malpactice can be argued away as system failure e.g. overworked, overtired people misreading or miswriting dosage on a prescription. Sabotaging a heart pump (and incredibly expensive piece of kit BTW) so the patient you have an improper relationship with can move up the transplant list…wrong on so many levels and absolutely nothing that can be explained by system failure.

If I worked for the hospital’s legal team, I’d have notified the state board and the police, in the hope of preventing massive civil lawsuits from the possible victims.