Hospital death exposes
'tip of malpractice iceberg'
— Whistle-blowers say
incompetence,
officials put patient lives at risk
By DAVID McNEILL
(This article, which first appeared in
the Japan Times of January 31, 2006,
is reproduced here in Eyes on Japan by kind permission of the
author.)
Loyd Cummings tried to ignore his
headache when it began on Aug. 7, 2003. But the electronic technician, who
was working in Japan on U.S. Navy radars, eventually collapsed from an
aneurysm — a bulge in a vein in his head.
He was transferred to the Yokohama
Stroke and Brain Center after diagnosis in Yokosuka Naval Hospital. What
happened next is disputed, but several doctors close to the case say that
a combination of negligence and arrogance caused the death of the
53-year-old man on Aug. 9.
"If the doctors who operated on
Mr. Cummings had been competent, he would be alive today," says one
of the whistle-blowers (Doctor A), a medical adviser to the Ministry of
Health and Welfare who wishes to remain anonymous. "Many doctors have
paper licenses; they're literally not qualified to practice."
Doctor A's colleague goes further.
Dr. Shizuko Matsuoka, who claims she was demoted after trying to expose
the Cummings case, says "It is the tip of the iceberg of medical
malpractice" in Japan. "I can't believe some of the things I've
seen."
Matsuoka also claims that Yokohama
Mayor Hiroshi Nakada agreed to set up an investi- gation into the
malpractice claims but failed to do so and instead moved her. "He
betrayed us," she says.
These are disturbing accusations: The
critically ill man was treated in one of the country's top hospitals for
brain disorders, in a country with one of the world's best reputations for
advanced surgery.
But the whistle-blowers claim that
the medical industry here is a mess; staffed by ambitious unscrupulous
doctors, run by incompetent managers and protected by politicians.
"We are at war with
hierarchical, old-fashioned Japanese society," says Doctor A.
"But we are doctors so it is our responsibility to put the dignity of
patients first."
Mr. Cummings was operated on by
doctors using a relatively new neurosurgery procedure called endovascular
coiling, which involves threading a catheter from a vein in the groin to
the aneurysm and using aluminum coils to block the flow of blood and stop
it rupturing.
It is a complicated operation, beyond
the competence of the two surgeons who performed it, says Dr. Matsuoka.
"They broke hospital procedures for this kind of treatment." The
procedures state that a four-doctor team was supposed to be present, but
the two less- experienced doctors went ahead without notifying their
colleagues.
The surgeons made a number of
critical errors, including failing to inject medicine to stop bleeding in
Mr. Cummings' brain, claim hospital staff. During the seven-hour
operation, his blood pressure fell disastrously and he went into a coma
from which he never recovered.
The hospital management then
allegedly covered up the incident with a series of lies and half truths.
In a letter to Mr. Cummings' wife,
Theresa, dated Nov. 9, 2005, for instance, hospital director Tsuneo
Fukushima explained that the doctor who performed the operation on Mr.
Cummings "had more than 200 experiences (sic) and he himself was
supervisor of the endovascular team."
But documents seen by The Japan
Times indicate that the doctor involved had performed just 12 of the
endovascular operations, of which six ended in failure and two in death.
A success rate of just 33 percent
sounds like poor odds on the operating table, but even more worrying, a
52-year-old patient called Tomiko Kameda was badly brain damaged in a
similar procedure at the same hospital just 10 days previously.
Mrs. Kameda's husband, Hiroshi,
brought his wife to the hospital on July 27 after she complained of
feeling unwell. "The doctor told me she was bleeding in the brain and
he recommended using this new procedure, which he asked me to sign
for," says Mr. Kameda.
"She was conscious and able to
talk normally when I left."
The operation started at 10 a.m. on
July 28 and was supposed to last for 2-3 hours, but at 2:15 p.m., the
hospital asked for permission to open Tomiko Kameda's skull. When his wife
eventually came out of surgery at 8 p.m., Mr. Kameda was told that she was
"critically ill."
"I asked if it wasn't strange
that she was okay before the operation began, and the doctor just clammed
up."
Today Mrs. Kameda is paralyzed on the
right side of her body, wears a diaper and must be looked after like a
baby. After a 20-month battle during which her husband says the hospital
"lied and covered up" what had happened, medical managers
accepted they had been negligent and offered compensation.
But Mr. Kameda, who is currently
battling through the courts for a proper inquiry, is bitter at what he
calls the arrogance of the medical profession.
"I'll never forgive them. I
asked them if they would have done this procedure on their own family
members and they said no. Later I found out that they had discovered a
rash on my wife's genital area and sent pictures of it to doctors in
another hospital without asking our permission. They just don't care about
people."
How many other similar blunders have
passed unnoticed? "Thousands," says Dr. Matsuoka, who says she
has seen cases of astonishing incompetence, including a doctor who
"cut the wrong artery, spraying blood everywhere."
"The doctor said, 'oh, that was
bad luck.' "
The patient later died.
Dr. Matsuoka, who was a medical
adviser to Mayor Nakada, believes she was moved from the hospital to the
local city office because she stirred the pot.
Meanwhile, she says, the hospital has
since spirited away many of the people involved in the negligence
accusations.
Although the negligence cases have
been brought to the attention of several news organi- zations, only the Kanagawa
Shimbun, which ran an article on Mr. Cummings in November 2004, has
taken up the story.
"The media is running scared of
the medical industry," says Dr. A.
The director of the Yokohama Stroke
and Brain Center, Dr. Fukushima, said he could not comment on the Cummings
case as it was part of an ongoing investigation. The U.S. Embassy also
declined to comment.
Theresa Cummings recently called the
embassy but they said they couldn't help, referring her instead to
Japanese lawyers.
Did Loyd Cummings have to die? That
is the question that haunts Theresa and their four children. "I truly
believe that he became brain dead during surgery because of an
error," says Theresa, who is now in Japan pursuing the case.
"This is not about being foreign
or being Japanese," says Dr. Matsuoka. "It is about human
lives."
© David McNeill 2006
for the Japan Times. All
rights reserved
Editor's note: Dr. McNeill completed his PhD on
the Japanese information society at Napier University, Edinburgh in 1998.
He went on to teach at universities in Ireland, England and China before
taking up his current position with Sophia University in Tokyo. I'd like
to express my gratitude to Dr. McNeill
for his kind permission to republish the above article here in Eyes
on Japan.
Disenchantment with a national healthcare system that
for the average worker only covers 70% of medical charges in return for
eight percent of last year's salary is frequently the subject of
letters to newspapers. The following exchange from "Readers in
Council" in the Japan Times yields a clear and concise summary of
what sets Japanese doctors apart, and allows us to see Dr. McNeill's
article in its wider context:
|
Get tougher on malpractice
(8/25, 2005)
The
number of medical mistakes in Japan seems to have increased
recently, and the details are astonishing. For example, a nurse
gave a patient a transfusion incorrectly. Another nurse provided
the wrong medical drops to a patient. Both patients died. Many
physicians also make mistakes, such as a wrong diagnosis or a
judgment error during surgery. In Japan, though, there are no
systems to crack down on medical malpractice. Doctors and nurses
who have caused medical accidents don't have to quit their jobs
afterward.
In
America, medical doctors must take exams every few years after
getting a license to practice, and authorities seem stricter with
people who make medical mistakes. We should be able to undergo
treatment without feeling uneasy. The Japanese government should
be tougher on medical malpractice and the requirements for getting
and keeping a doctor's license.
RK
Kuwana, Mie
Nation's
medical embarrassment (9/5,
2005)
RK
is absolutely correct in her Aug. 25 letter about the need for
Japanese authorities to "get tougher on malpractice,"
but the Health Ministry, the Japan Medical Association, the
medical insurance society (Kenporen) and the Japan Hospital
Association have not stated any intention to change.
As
long as physicians are licensed for life, are not required to
undergo continuing medical education, are not credentialed
(qualifications and past performance verified), and are not
privileged (limited to demonstrated competency) in the facilities
where they work, and as long as facilities are not evaluated by an
independent third-party accrediting entity, a prescription for
trouble remains.
There
is no national practitioners' database, no formal physician
performance-evaluation system in most hospitals, no funding for
research into medical errors and no law requiring physicians to
disclose the contents of a patient's medical record. There is no
mechanism to record complaints against healthcare providers at the
prefectural or national level, and no data on the extent of
medical errors in Japan.
Healthcare
reform is resisted, and no real attempts to make it accountable,
responsible and transparent have emerged. As a hospital employee
in Japan, I view all this as a national embarrassment, yet the
public remains rather passive.
NAME WITHHELD
Kamogawa, Chiba
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