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“Also, after re-reading the Stern report, it recommends that MGH do overlapping surgery but not simultaneous. In court filings, records showed that a crisis-management consultant retained by the hospital e-mailed a hospital spokeswoman in 2015 suggesting the Stern report found problems with surgeons performing simultaneous surgeries in two operating rooms. Some of those records were available in the public court docket and reviewed by the Globe. It remained under wraps Thursday.īut as Burke’s legal team from Burns & Levinson prepared for trial, his attorneys had dug up records that might have embarrassed hospital officials. A judge rejected those arguments in September and ordered it turned over. Lawyers for the hospital said it contained legal advice and privileged peer-review material. Burke’s concerns.’’ But the hospital strenuously fought to keep the report under wraps. In 2015, Slavin, MGH’s president, told the Globe that Stern “found no basis to support Dr. The report was prepared by former US attorney Donald Stern, who was hired by the hospital in 2011 to investigate Burke’s complaints. The settlement between Burke and the hospital was announced hours before a scheduled hearing in Suffolk Superior Court about a judge’s order for MGH to provide Burke with a report on concurrent surgeries that the hospital has kept secret for years. Jenks settled that claim against Wood and the hospital in May for $5.1 million. One of those suits was filed by former Red Sox pitcher Bobby Jenks, who said he suffered a career-ending spine injury when Wood operated on his back while overseeing another operation at the same time. Kirkham Wood, a former spine surgeon at MGH who left in 2015 to work at Stanford University Medical Center. The issue of double-booking became a key component in at least three medical malpractice lawsuits against Dr.
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It also prompted a powerful US Senate committee to call on hospitals to explicitly prohibit “concurrent surgeries,” which the committee defined as two operations, managed by the same surgeon, whose critical parts occur at the same time.
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The Spotlight Team series about the double-booking controversy led to new guidelines by the American College of Surgeons. “He was not terminated because of his concerns about concurrent surgery.”īut Burke contended that was a pretext and that he was dismissed because he blew the whistle on what he considered a serious patient-safety issue. Burke was terminated for serious misconduct and violations of the MGH’s confidentiality standards,” the hospital said in a 2017 statement after Burke filed suit. A Globe review determined that only a small number of Burke’s cases overlapped with the start of others, averaging just a few minutes. Burke shared 15 months of records to rebut hospital accusations that he himself engaged in double-booking. MGH insisted that it fired Burke for improperly releasing hundreds of his own patient records, with names redacted, to the Globe. General focused on surgeries, mostly in orthopedics, that overlapped for much longer, sometimes for hours.īurke and other critics of the practice, including several anesthesiologists who act as the eyes and ears of sleeping patients, said that it was dangerous and that patients hadn’t consented beforehand to share their surgeon. Though many surgeons at teaching hospitals schedule operations to overlap by a few minutes - letting trainees close the surgical wound of the first operation while the surgeon moves on to the second - the debate at Mass.
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However, they said the trial probably would not have begun until 2021 and “there has been a growing desire at the MGH to move beyond this lawsuit.”
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General strongly defends and stands by the decisions it made along the way,” they said in an e-mail to the hospital community Timothy Ferris, who heads the hospital’s physicians’ organization, struck a decidedly different tone. Torchiana received a number of e-mails and personal entreaties from Burke as Burke waged a years-long campaign to get MGH to crack down on surgeons who juggled simultaneous operations without patients’ knowledge.ĭr. David Torchiana, who was chief executive when Burke was fired. Klibanski became chief executive of Partners in June, succeeding Dr.