A decision by the Colorado Supreme Court ruled that patients can be at least partially at fault for their death on an operating table.
The curious case of Kelly v. Haralampopoulos first began when Vasilios Haralampopoulos visited the hospital emergency room complaining of abdominal pain. Tests revealed a cyst on his liver, and two doctors, Dr. Mauricio Waintrub and Dr. Jason L. Kelly determined the patient would need a needle biopsy. They scheduled the surgery for the following day.
Prior to the operation, Dr. Waintrub recorded Mr. Vasilios‘s medical history, which didn’t reveal anything out of the ordinary. Dr. Kelly, and interventional radiologist, preformed the surgery, but when he pierced the cyst, Vasilios suffered a severe allergic reaction and went into cardiac arrest. He died shortly thereafter.
Malpractice Suit
Vasilios’s guardian sued both doctors for medical malpractice, claiming that the pair should have done more tests before piercing the cyst. While the doctors were coming to grips with the death of a patient, Vasilios’s former girlfriend reached out to Dr. Kelly to inform him that her ex had used cocaine recreationally, including around the time of his stomach pains.
During the trial, the guardian also testified that mutual associates had informed him that Vasilios was a cocaine user, but the guardian objected to the notion that Vasilios’s cocaine use was relevant to the trial. Despite the objection, after hearing expert testimony that surmised the cocaine use was the likely cause of Vasilios’s injuries, the jury rendered a verdict in favor of the doctors.
That wasn’t the end of the issue, though. The guardian challenged the cocaine evidence admission to the Colorado Court of Appeals, who sided with the guardian in a split decision.
Taking it one step further, Dr. Kelly appealed the decision to the Colorado Supreme Court, which upheld the trial court’s decision that patients can partially cause their own demise on an operating table.
Dr. Silverman comments
I’m glad the Supreme Court ruled in favor of the doctors. We take an oath to protect our patients, but if they don’t open up about their history of drug and alcohol abuse, it’s impossible for a doctor to know if he actually putting a patient’s life at risk. Open up to your doctor. He or she won’t judge you, they’ll simply be able to make a more informed decision.
Related source: AMA Wire
