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Time Union
By Matt Pacenza, Staff writer
April 7, 2005
Correction: A Capital Region story on Thursday mischaracterized the concerns of David Baker, whose wife died at Samaritan Hospital in 2003. Baker has asked why hospital staff failed to check Lisa Baker's blood sugar in a single four-hour period the night before she fell into a coma, not why the staff didn't check it more often than every four hours throughout her hospital stay.
ALBANY -- David Baker has been trying to get answers from Samaritan Hospital ever since his 42-year-old wife Lisa Baker slipped into a coma and died there in 2003.
He wants to know why hospital staff didn't feed his wife, who was diabetic, even when her blood sugar plummeted. He wants to know why they failed to check Lisa Baker's blood sugar in a single four-hour period the night before she fell into a coma and died three weeks later.
Months of questioning proved fruitless and a state Health Department investigation said Samaritan's care for Baker's wife of 19 years was adequate. Baker, 59, filed a malpractice suit against the hospital last month.
"Someone has to explain what happened," he said. "It's my opinion that something went terribly wrong and someone has to be held accountable for it."
Malpractice is a national issue. Doctors are urging lawmakers to limit the damages that juries can award, arguing that excessive malpractice insurance is driving them out of business. Hospitals are under pressure to reduce errors in order to ward off lawsuits.
Baker's experience offers insight into why many hospitals are trying a new policy called "Sorry Works," communicating openly with patients and families after mistakes.
Baker said Samaritan never tried to explain what happened to his wife -- because, he believes, they know they were negligent.
"Lisa would be alive today if she were not in that hospital," said Cynthia LaFave, Baker's attorney.
In the years before her death, Lisa Baker, once a reporter for the Record in Troy, struggled with her diabetes, which had robbed her of her sight. But, said her husband and attorney, her condition was manageable through monitoring and diet.
Northeast Health, the nonprofit that owns Samaritan, had no comment on Baker's suit, citing a policy against discussing pending litigation.
Many hospitals have sought to improve communication about errors. It's a movement modeled after an experiment that began in a Veterans Affairs hospital in Lexington, Ky., in 1987. Through a policy it named "Sorry Works," staff members promptly tell a patient or family member after a mistake has been made. The number of lawsuits dropped.
Several hospitals in the Capital Region say they are trying Sorry Works, which has the backing of influential bodies like the Joint Commission on Accreditation of Healthcare Organizations.
"If anything goes wrong, we discuss it with the family," said Dr. John Morley, Albany Medical Center's medical director. "Patients are looking for honesty and they're looking for answers."
Northeast Health also has mechanisms in place to deal with concerns about care. Its patient representatives are "unbiased participants who can take the time to speak with a patient about anything," said Jacqueline Priori, Samaritan's assistant chief nurse.
Baker said he spoke to Samaritan's patient representative the day his wife's condition worsened. She said she would look into it. By the time they spoke several days later, the representative's demeanor had changed.
"She was guarded and very defensive," said Baker, well-known in Rensselaer, where he once worked as a reporter.
Baker said his communication with the state Department of Health, which provided him no details when it cleared the hospital, was also negligible.
"After a thorough and comprehensive investigation, which included a review by an independent expert and consultant, we determined there were no violations in the case," said department spokesman Rob Kenny.
Even as hospitals seek to improve communication and avoid litigation, a quick glance at local courthouse records shows malpractice suits remain common.
In Albany County alone in the first quarter of 2005, civil suits seeking damages for injuries have been filed against four hospitals. The suits also often target the doctors who provided care.
A couple is suing St. Mary's Hospital in Troy, alleging that its personnel failed to diagnose a prenatal condition that resulted in the death of twins in utero.
Albany Memorial Hospital and a local cardiology practice and facial surgery center are targets of the estate of a man who died from heart failure the day after he had plastic surgery. A woman is suing St. Peter's Hospital in Albany, alleging that a botched knee replacement left her with permanent foot damage.
The estate of a 53-year-old woman who died at Albany Medical Center a week after undergoing catheterization of several main arteries is suing the hospital and the catheter manufacturer.
In each case, the hospitals declined to discuss the allegations because the litigation is ongoing.
Matt Pacenza can be reached at 454-5533 or by e-mail at mpacenza@timesunion.com.
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