I could not find the Iowa case. I looked on PodiatryM, but I just found the Kevin Smith testimony stuff which didn't seem to be the BQ hospital case you guys are referring to.
Malpractice Case Challenges IA Podiatrists Qualifications
Daniel Day, of Dubuque, IA seeks monetary damages from Finley hospital, alleging it was negligent in granting staff privileges to Dr. Michael Arnz, a Dubuque podiatrist. Arnz was once a party to the case, but he has since been released following a confidential settlement.
The podiatrist used a circular frame device in July 2004 to stabilize Day's foot following a surgical procedure to correct a foot deformity caused by Charcot-Marie-Tooth disease, a neurological disorder that can cause damage in the extremities.
"Arnz was not board-certified in podiatry at this time," said Days attorney Timothy S. White, who asked the jury to consider evidence that Finley did not adequately ensure Arnz was competent to perform a procedure involving a circular frame, a fixation device.
Finley's attorney, Connie M. Alt told the jury Arnz was well-qualified at the time of the Day surgery and that he was "board-qualified," a distinction that indicates the podiatrist had taken a written examination but not an oral examination before a certification board.
Source: Erik Hogstrom, Telegraph Herald [12/6/07]
From Telegraph Herald Online
Friday, December 14, 2007
Finley CEO explains credential process[/B]
Hospital being sued by man who alleges negligence regarding his treatment
John Knox drew the distinction between "qualified" and "competent" physicians when he testified Thursday during a trial involving The Finley Hospital's process of granting medical credentials.
Knox, Finley's president and chief executive officer, told a Dubuque County jury that the hospital grants credentials to allow for "qualified physicians" to join the medical staff. That process is not intended to ensure competency.
"Competency is something you have to determine after assessing (the physician's) practice over a period of time," Knox said.
Daniel Day, of Dubuque, seeks monetary damages from the hospital, alleging it was negligent when it granted credentials to Dr. Michael Arnz, a Dubuque podiatrist. Day developed a chronic bone infection subsequent to a surgical procedure during which metal pins were inserted into his tibia. The pins held in place a supportive device called a circular frame.
Day's attorney, Timothy S. White, of Cedar Rapids, Iowa, noted that Knox drew a distinction between qualifications and competency of physicians practicing at the hospital.
"When the hospital runs ads, do you say: 'Come to Finley Hospital, our physicians are qualified but we're not sure they're competent?'"
"We don't do either," Knox said. "We don't advertise they are qualified or competent."
"Don't you think the public would like to know if a physician is competent?" White said.
"I absolutely think the public should know, but they don't do that by contacting the hospital and asking our opinion," Knox said.
Earlier Thursday, Day testified that he had developed an infection at the site of a peripherally inserted central catheter line, which had been used to supply antibiotics to his bloodstream in a bid to treat his bone infection in the fall of 2004.
Finley's attorney, Connie M. Alt, of Cedar Rapids, noted during her cross examination of Day that he declined a physician's recommendation for two additional weeks of intravenous treatment with antibiotics, even though the doctor warned that declining that treatment in favor of oral antibiotics would lower the success rate of fighting the infection.
"I was as sick as a dog and I had had enough," Day said .
Knox testified that physicians complete an application form to begin a multiple-step process to receive medical credentials.
Knox testified a medical staff coordinator verifies the information supplied to the hospital.
Knox is scheduled to return to the witness stand today
From Des Moines Register:
12/23/07
DUBUQUE
Infection-case jurors: Hospital not negligent
Jurors have decided that a Dubuque hospital was not negligent in a case that involved a patient who developed a bone infection after surgery.
Daniel Day of Dubuque alleged Finley Hospital should not have granted credentials to Dr. Michael Arnz, a Dubuque podiatrist.
Day developed a bone infection after Arnz performed surgery with a device called a circular frame, which necessitated the insertion of surgical pins through Day's right tibia.
Arnz agreed earlier to a confidential settlement.
Day had sought about $4 million from Finley for loss of earnings and future medical expenses.
Jurors reached the verdict Friday.