Over the next few months we will be adding more sample cases, covering all
topics of Medical Malpractice. Please check back very soon!
Before I discuss the specific facts of this case, let me discuss
the function of the thyroid gland and its hormones. The thyroid gland, sitting at the
uppermost part of the trachea (windpipe), produces two hormones: T3 and T4. T3 is very
active in regulating the body's burning of calories and the normal function of all the
cells of the body. T4 also serves in that same manner, but is less active. However,
it is converted into T3 in the cells, to meet the demands of the body.
The pituitary (master) gland in the brain measures the blood level
of those hormones. When their level decreases, it produces thyroid-stimulating hormone
(TSH), to increase the hormone output of the thyroid gland. Likewise, when the blood
thyroid hormone (T3 and T4) levels rise too high, there is very little TSH produced.
TSH is a very sensitive measure of thyroid gland hormone blood levels.
When the thyroid gland is overactive and does not respond to a
reduction of TSH, it is called hyperthyroidism. When it is symptomatic, it is called
thyrotoxicosis (Graves' disease). One of its consequences can be a bulging of the eyes,
even beyond the point where the normal closure of the eyelids during sleep do not meet,
and the cornea (clear outer "lens," or window into the eye), can dry out and develop
an ulcer.
When the patient is symptomatic, the usual initial therapy is
with a drug such as Tapazole, to decrease the thyroid hormone production. This sometimes
results in a permanent remission (cure) of their Graves' disease. Also, a
"beta blocker" drug such as Inderal (propranolol) can be used to control the
symptoms (physiological effects) of the excess thyroid hormone in their body.
Often this is not successful and definitive therapy is
required, which can either be from surgery, to remove 75-85 percent of the gland,
or radioactive iodine. Surgery, which has immediate results, may or may not
remove enough of the gland, and has risks of permanent hoarseness from damage
to one of the two small nerves (recurrent laryngeal nerves) that sit adjacent
to the thyroid gland. It can also cause permanent tetany (painful diffuse
muscle spasms) from damage to the three to five tiny parathyroid glands that
lie on or within the thyroid gland's surface layer.
Radioactive iodine, which takes months to have its full
effects, is selectively absorbed by the thyroid gland and destroys those
functioning cells that make the T3 and T4 hormone. However, it will turn
an overactive gland into an underactive (hypothyroid) gland in almost all
cases. Therefore, it is critical to monitor the thyroid function tests (T3,
T4, and TSH levels) and to add thyroid in pill form. This is either dried out
(desiccated) animal thyroid, or synthetic thyroid (Synthroid or Levoxyl).
In most cases, those patients who develop bulging of
their eyes (exophthalmos), eye muscle spasm and pain secondary to their Graves'
disease, will have either some improvement or no further progression once their
disease has been successfully treated. But a small percentage of patients may
actually develop the condition during or shortly after their Graves' disease
has been resolved (based on thyroid function tests). Graves' disease is an
auto-immune condition, where the body will react against its own flesh, just
like rheumatoid arthritis is an auto-immune disease against its own joints,
and fibromyalgia is the body's reaction against its connective tissue and
muscles. Sometimes x-ray therapy directed at their eyes may be needed to
treat that bulging eye and eye muscle spasm condition.
In the case of this patient, she had a very strong family
history of rheumatoid arthritis (mother and two siblings) and she had a positive
blood test for this disease. She responded to therapy for rheumatoid arthritis.
She also had a mass in her chest, found on a chest x-ray
and CT scan, which required surgery. She also had findings of fibromyalgia
(connective tissue disease causing fatigue and muscle pain), consistent with
her chest mass (thymoma: a benign thymus gland tumor) and her Graves' disease.
I will outline the facts in her case as they evolved
sequentially, and make comments as appropriate:
On 12/31/96 she had normal thyroid blood tests.
The normal (reference) range will be in T3 27 (22-35),
T4 6.8 (4.5-12.5), TSH 2.3 (0.4-5.5). They vary
slightly from laboratory to laboratory, and I will not repeat these
ranges unless they used a different type of test with a major difference in "normal."
On 1/3/97 the cardiologist Dr. #1 evaluated her with a
stress treadmill test and echocardiogram (sound-like study of her heart), and
concluded that her fatigue was secondary to "deconditioning and depression."
On 10/16/97 a CT scan of her chest confirmed the presence
of the thymus gland tumor (thymoma).
On 10/24/97 neurologist Dr. #2 diagnosed her as having
"myopathy (muscle disease and pain) symptoms in presence of rheumatoid arthritis and thymoma."
10/27/97: T3 37 (high), T4 13.2 (high). 11/3/97:
TSH less than 0.1 (very low). Also, the thyroglobulin antibody test level
was high at 10.6 (normal less than 1.0). All of these are consistent with
Graves' disease. On 11/3/97 she had a thyroid radioactive uptake scan (not
therapy), and this was also high at 53% in 24 hours (5-35%). All this
confirmed her overactive thyroid gland (hyperthyroidism) condition.
On 11/14/97 she came under the care of Dr. #3, an
Endocrinologist. Her pulse was very elevated to 130 and she had "no sign
of exophthalmos." Dr. #3 ordered laboratory tests: The thyroid autoantibodies
were high at 9.9 (less than 1.0), T3 314 (60-181), T4 2.7 (high), and TSH less
than 0.005 (very low). All this confirmed the diagnosis he made of Graves'
disease. On 12/5/97 her pulse was moderately elevated to 96 and he started
her on the antithyroid drug Tapazole and the beta blocker Inderal (propranolol)
to help control her symptoms. All this is good, standard care.
On 12/15/97 her T4 was normal at 2.3. On 12/17 and 12/31
her pulse was normal at 80. On 1/8/98 her T4 was again normal at 1.5.
He concluded it was safe for her to go ahead with her chest surgery for
the thymoma tumor.
Her chest surgery took place on 1/29/98. The tumor was
large (weighed 66 grams), and because it partially surrounded the left phrenic
nerve (that controls the left half of the diaphragm, or breathing muscle),
it had to be cut in order to remove the whole tumor without cutting into it.
If it had been malignant (cancer), cutting into this tumor would have
decreased her chance for a cure. Fortunately, after it was removed,
the pathologist noted that it was benign (not cancer), and had an unusual
pattern of cells: "Follicular B-cell hyperplasia associated with Graves'
disease and auto-immune connective tissue disorders," (fibromyalgia and
rheumatoid arthritis, both of which she also had). Because the left phrenic
nerve had to be cut, she may experience some increased shortness of breath,
with part of that "bellows" (muscle) non-functional.
On 3/2/98 the T4 0.8 and TSH 4.3 tests were normal.
On 4/7/98: T4 1.01 (normal), and TSH - 0.13 (low). On 4/15 her pulse was 88.
On 5/5/98: T4 0.39 (low) and TSH 31.5 (high), caused by
the Tapazole blocking thyroid hormone production. However, she developed a
severe rash and Dr. #3 properly discontinued both the Tapazole and Inderal
drugs, and she received 12 mCi of radioactive iodine. This would destroy her
thyroid gland.
Because she would no longer have a functioning thyroid
gland, she was begun on Synthroid (synthetic T4) on 5/13/98 at 0.1 mg (milligrams)
= 100 mcg (micrograms). On 5/27/98 her pulse was normal at 80 and she was
receiving 0.1 mg of Synthroid.
On 6/9/98: T4 0.8, TSH 21 (high). The thyroid gland
was not yet fully suppressed, because her pituitary gland did not sense enough
thyroid hormone in her blood (from the Synthroid and any residual from her
thyroid gland) to stop making its thyroid-stimulating hormone (TSH).
On 6/24/98 she complained that her eyes were bulging,
she had fatigue, had arm and leg pains and muscle weakness.
On 7/21/98 her TSH was 0.519 (low normal).
On 7/31/98 her TSH was noted to be 0.519 and her pulse
was 88 (high normal). She also had "very mild exophthalmos" and was taking
0.15 of Synthroid per day. This is proper therapy. She was referred to an
ophthalmologist specializing in this problem. This is also good care.
Dr. #4 first saw her on 8/20/98. He noted she had
thyroid eye disease and dry eye syndrome (also seen in some connective
tissue diseases), and exposure keratopathy (from drying of her cornea).
He prescribed proper medical therapy and she improved, but developed
a progression of her thyroid eye disease. He recommended radiation
(x-ray) therapy to her eyes to try to control that condition. Dr.
#5, a radiation therapist at the Hospital #1, administered 2000 rads
over 10 days, which was completed on 2/24/99. She had some improvement
in her symptoms, according to his letter.
Referring back to her thyroid tests and therapy on
8/31/98: TSH 0.45 (0.4-4.0). This is ideal, based on her disease.
On 9/3/98 she was "feeling strange," had severe fatigue
and was taking 0.15 mg of Synthroid.
On 9/10/98 Dr. #6, her primary care physician, noted,
"On Synthroid 0.45 mg apparently and endocrinologist reports her level is doing
well." I found no other records supporting that three-times-the-daily-dosage
value. Are there any prescriptions for that 0.45 mg total per day dose? If
so, by whom? Was she taking it on her own?
On 9/28/98 Dr. #6's record says, "rapid (heart) rate with
regular rhythm." However, the nurse recorded a heart rate of only 68 on the
office "Vital Signs Flow Sheet." She was wheezing and he treated her with an
Albuterol nebulizer for "asthmatic bronchitis." That was proper care and it
relieved her wheezing caused by spasm of the bronchial tubes in her lungs.
It can also temporarily speed up her heart rate. On that day the laboratory
T3 was normal at 32, the T4 was slightly high at 11.2 (4-11), and the TSH
was low at 0.1.
On 10/2/98 an office note of Dr. #6's said that she
finished her last refill of Synthroid 0.15 mg daily per Dr. #3, and she was
not happy with Dr. #3, "who told patient current thyroid dosage too high;
prescribed (Rx) Synthroid 0.10 but when at this lower dose in the past felt
like it did her no good." Dr. #6 told her to decrease it to 0.125 mg.
On 10/1/98 Dr. #6 wanted to decrease the Synthroid to
0.1 (the TSH was 0.4), but Dr. #3 said to keep it at 0.15.
On 10/21/98 her Synthroid dosage was decreased to 0.1
mg (100 micrograms).
On 11/2/98 she had fatigue, probably secondary to fibromyalgia.
On 12/14/98 the TSH was 0.876 (0.35-5.5).
On 3/18/99: T3 = 34, T4 = 10.2, and TSH = 0.86 (all normal).
On 4/6/99 she twisted her body and developed a limp,
probably from a pinched nerve.
On 6/15/99 her TSH was 0.77, and on 8/30/99 her TSH was
3.06 (all in the normal range).
It is generally recommended that the TSH level should
be suppressed to below normal levels, to assure no failure of thyroid suppression,
which could stimulate any residual thyroid tissues (flesh = cells), and cause
the eye disease to worsen.
Based on the voluminous records I reviewed, mostly
summarized above, it appears that she received very good care by her first
Endocrinologist. After her radioactive iodine therapy, Dr. #3 attempted
to suppress her TSH levels to the lower limit of normal, or just below
normal, as he should have done. When her eye disease was symptomatic,
he referred her to an ophthalmology specialist in that condition. That
physician gave her good eye care, and had to recommend the radiation
therapy to her eyes to try to control her exophthalmos (bulging eyes)
and the symptoms of pain and light sensitivity (photophobia) she was
experiencing.
Unfortunately, she developed exophthalmos, which
persisted, as noted in the enclosed photographs. Perhaps she would be
recommended to see a physician specializing in plastic surgery of the
eyes for his opinion on any potential operative therapy.
Her physical symptoms of incapacity (fatigue)
are not related to her thyroid disease care, but as her doctors noted,
probably related to fibromyalgia, deconditioning, and depression.
Based on all of the above, it appears that she
wanted to have a higher dose of Synthroid than Dr. #3 prescribed.
His dose was reasonable, based on the TSH blood levels and her diagnosis,
as I noted. I do not find an "overdose" of Synthroid prescribed by her
treating Physicians as the cause of her exophthalmos (bulging eyes).
This 39-year-old patient was an insulin-dependent diabetic
with many of the problems common to a diabetic, including eye, kidney, artery and
nerve damage and marked increased susceptibility to infection.
She had many previous trips to the Emergency Room. She was seen
on 1/18 and had a negative head (brain) CT scan, but was diagnosed with a sinus
infection (the CT scan did not note any sinus problem). She was given a pain medication
(narcotic, Demerol) injection. It was believed she was lethargic from this injection.
She was given a prescription for an antihistamine (Claritin) and an antibiotic, which
she never filled. I am missing the records from that critical Emergency Room visit.
On 1/19 she was comatose at home and taken to the hospital
again. She remained unconscious her entire stay at Hospital #1 from 1/19 through 2/10.
Her diabetes was out of control and was properly stabilized. She had a history of high
blood pressure and on arrival at the emergency room it was very high at 210/120. It came
down quickly to 190/100 although it was initially difficult to control despite proper
intravenous drug therapy. The CT scan on 1/19 was normal, as was the CT scan of 1/21.
Her out-of-control diabetes was properly treated. The spinal tap
was negative for meningitis. She had a severe bladder infection, which was treated.
She was admitted to the Intensive Care Unit where she remained unconscious the entire
hospital stay of three and one half weeks.
Multiple Specialists saw her and the Neurologist thought she had
a stroke involving damage to her brain stem and other areas of her brain. Time is the
only treatment. She also had diffuse pneumonia, which was treated correctly. Her
chronic diabetic kidney failure worsened but stabilized.
She had an endotracheal tube inserted for ventilation and
suctioning of her trachea (windpipe) and bronchial tree. Usually after five to
seven days, if the patient is still comatose, a tracheostomy operation is done to
gain direct access for a ventilation tube to be inserted. This was finally done on 2/4.
Because of that previous indwelling endotracheal tube there was inflamed scar
(granulation) tissue build up above her vocal cords which were not directly damaged.
After a few months, that healed without any problem for her voice.
Because of her multiple problems and the negative brain CT scans,
it was hoped that her comatose state would resolve when her diabetic state and all her
infections would be fully stabilized (when the metabolic encephalopathy would be
resolved). Therefore, there was some justification for the delay in doing the
tracheostomy operation.
That operation was more difficult because of bleeding from
her thyroid gland that was controlled with sutures. Afterward she developed bleeding
at that site, which was very difficult to control and required insertion of an
endotracheal tube and gauze packing, which was proper care. She developed DIC
(disseminated intravascular coagulopathy, a free bleeding state from her infections)
and received proper blood clotting fraction therapy and blood.
The family requested she be transferred to Hospital #2 where
she remained from 2/10 - 4/7. She remained comatose for weeks. Their MRI was consistent
with strokes, most likely caused by her high blood pressure weeks before. She had a severe
diabetic problem with impaired emptying of her stomach (gastroparesis) which required the
insertion of a feeding tube into her small intestine: J tube jejunostomy operation
(on 3/12). That was removed a few months later.
When they evaluated her throat and trachea, they found only
easily bleeding scar tissue in her larynx/posterior pharynx (throat above the vocal
cords) and that healed spontaneously. The previous tracheostomy operation was correctly
done. They did not "cut too deep."
Her pneumonia and fungal blood infection was very difficult to
cure, but finally resolved. Her swallowing problem resolved. It was related to her
diabetic nerve damage and stroke.
After she finally awakened and her overall condition properly
stabilized, she was transferred to their Rehabilitation Hospital for physical therapy
to help her regain her strength.
She developed severe lower intestinal bleeding and was transferred
back to the main hospital where she was evaluated and treated from 4/8 - 4/21. No
source of that hemorrhage was found despite detailed examinations. She was stabilized
and properly treated.
She was again treated in rehabilitation therapy for the residual
effects of her stroke and finally discharged on 5/13 after the jejunostomy tube had been
removed. All of their care was good.
I have not seen all of the 1/18 Emergency Room records from the
Hospital #1, other than the CT scan report. All of those Emergency Room records
including the Nurses notes and laboratory reports need to be obtained in order for me
to be able to give you my final opinion on that critical aspect of her care. The only
information I had was what they say occurred there after she was hospitalized on 1/19.
If they should not have discharged her and/or improperly treated
her on 1/18, then it probably was the proximate cause of her condition going out of
control. This would also have been responsible for her entire lengthy Hospital stays
where she eventually was brought back to most of her pre - 1/18 condition.
Her overall health status was precarious because she did not eat
(and probably did not take her insulin) and her diabetes was out of control contributing
to her coma and severe infections. Because she probably did not take her medication for
her high blood pressure secondary to her nausea from her out-of-control diabetes, her
blood pressure was dangerously high at 210/120. This directly contributed to her brain
damage and prolonged coma, which caused her pneumonia requiring the tracheostomy (that
bled) and the need for the prolonged bladder catheter that resulted in further bacterial
and fungal infections, which were very difficult to cure. It also contributed to a
temporary worsening of her chronic diabetic nephropathy (kidney failure).
Therefore, please obtain all those missing 1/18 records from her
Emergency Room visit and care at Hospital #1.
The issue in this case is was there a negligent delay in diagnosis of
the pubic bone (front of the pelvis) fracture in this 52-year-old woman, and what difference
did it make? I will discuss her entire medical condition and care prospectively.
In 1984 she had a wrist (Colles') fracture, which was properly set. How
did it occur? In 1987 she had a right hip fracture at age 40, which occurred when she "turned
while getting out of bed and sustained an intracapsular fracture of the right femoral neck." This was reduced and held together by surgery, performed by Dr. #1 using five Knowles pins for
internal fixation. After it healed, those pins were removed ten months later. All that is
good care and not directly related to her pelvic fracture.
In 1990, at age 44, x-rays showed a healed right hip fracture but also: "the body of L1 with diminished vertical height (approximately 20%). The change is consistent
with a degenerative compression deformity primarily."
It is most unusual for a woman in her young forties to develop a spontaneous
hip fracture from turning getting out of bed, and also lose 20% of the height of the first lumbar
vertebra. Her treating physician, who is unknown, and the orthopedic surgeon who performed the
two hip operations, in my opinion had a duty to investigate directly, or by consultation with
other physicians, why her bones were so fragile. This was not done and in my opinion, was negligent.
There are many causes of osteoporosis and reliable, safe and often effective treatments are available. This was not offered to her, and put her at higher risk for more fractures and the sometimes-chronic pain that may result.
In 1991 and 1992 she had episodes of back pain and sciatica (pinched nerve), which was treated with narcotics (Vicodin) and steroids. Steroids increase the risk of bone degeneration. In 1992 she also had "cervical syndrome" and "tennis elbow" for which she received more steroids and pain medication.
In 1995, Dr. #1 operated on her right hand for "trigger thumb," a tendon problem, and that care was good.
In 1996 she complained of severe left shoulder pain without trauma, for which she received more narcotics and steroids (another Medrol Dosepak).
On 6/2/98 she slipped on a concrete floor and sustained rib fractures which eventually healed under the care of Dr. #2, and time. One week later she experienced back pain.
On 7/9/98 she had right hip pain diagnosed as bursitis. On 8/6/98 she had back pain, was limping and also had left groin pain. They believed it was because she had favored her left hip secondary to right hip pain that also occurred when she fell on 6/2/98.
On 8/13/98 she had a "massive hematoma (blood clot in the flesh), left inner thigh, has grown since yesterday." They did not know its cause. No bleeding or clotting studies were done, and that would be negligent. However, they may have been normal, as some were thereafter.
On 8/13 she also correctly had x-rays of her pelvis, which showed no fracture and her back x-rays were unchanged from 1990. She also had a MRI of her lumbar spine, including her sacrum (tail bone area of the posterior pelvis), which was normal, but did not mention the rest of her pelvis. Perhaps it was misread by Dr. #3, the Radiologist at Hospital #1.
A whole body bone scan was done on 9/9/98 and revealed the healing rib fractures and no other fractures. Therefore, based on all the 8/13 reports and this study, most likely she did NOT have a pelvic fracture at that time.
On 10/1/98 she had continued back and left hip pain. Physical therapy was given. By 10/19 "patient is improving, and by 10/21 "walking much better." Physical therapy continued.
Because of the concern for cancer causing a spontaneous fracture of her pubic bone she had a needle biopsy on 12/23/98, which initially was suspicious for cancer. She saw Dr. #4, an Oncologist on 1/7/99, who concluded that it was not cancer. He noted that she saw Dr. #5 on 11/10/98 for the first time, a CT of her pelvis on 11/23/98 showed "she was found to have a left parapubic fracture," and an MRI on 12/17/98 of her pelvis showed "loss of bone about the left pubic symphysis" (the left half of the center of her pubic bone).
On 1/7/99 she was in so much pain, that she was unable to get on the examining table. "Any type of weight-bearing causes obvious severe pain."
On 1/15/99 Dr. #4 noted the patient and her daughter were surprised to learn for the first time that she had a pubic bone fracture.
On 1/21/99 Dr. #5, an Orthopedic Surgeon, believed that she had an "insufficiency fracture," was taking the female estrogen hormone Premarin (which is supposed to decrease the risk for osteoporosis which causes an insufficiency fracture), and that she had a hysterectomy. He ordered a bone density study (which should have first been done in 1987). This showed osteopenia of her lumbar spine and osteoporosis of her left hip (femoral neck), and severe osteoporosis of L4 (fourth lumbar vertebra). She was -2.71 standard deviations below normal for hip done density. The Radiologist recommended calcium with Vitamin D supplementation, weight-bearing exercise, estrogen replacement therapy (she was receiving this but at what dose and for how long?), and to avoid nicotine, and limit caffeine and alcohol.
On 2/17/2000 Dr. #6 at Hospital #2 noted that her pubic bone fracture was healing ("interval consolidation") and she was "undergoing strengthening and aquatic therapy," which is good care.
The records suggest that she had numerous cortisone (steroid) injections. What drug, what doses, when, for what reason, and by whom? They may be negligent, especially in a woman who was at much higher risk based on her hip fracture in 1987.
The concern for her "pelvic floor symptoms" from "long term weakness of the pelvic floor" (inside her vagina) would be related to vaginal deliveries and the hysterectomy, and not the pelvic fracture.
Pelvic fractures usually heal spontaneously in three months. No surgery or other therapy is used, just time and pain relief. So the fact that she did not know that she had this stress fracture from osteoporosis for a few months is irrelevant.
The fact that the bone scan was negative supports the absence of any pubic bone fracture on the pelvic x-rays and MRI from 8/13/98. She most likely developed it later, but either way, there is no direct therapy to heal it faster, just therapy to prevent it from occurring, as I noted.
The fact that she may have not had proper instructions and therapy to avoid osteoporosis and strengthen her bones, to reduce the risk of all fractures, including this pubic fracture is relevant, and negligent. Who was the Family Physician, Internist and/or Gynecologist who was treating her all this time and who wrote all those office notes without any identification? That should be the focus of this case.
I would suggest Experts in Orthopedic Surgery, Endocrinology and the same specialty as that unknown treating Physician.
I suggest that the patient be evaluated by a local Clinical Psychologist with courtroom experience for any residual emotional (psychological) damages. Administration of standardized tests such as the M.M.P.I. (Minnesota Muliphasic Inventory) which have been given to millions of people would further support that opinion before a jury.