Do Malpractice Practice Doctors need to be held criminally responsible? Do Hospitals need to be held more accountable for medical malpractice? CLICK “LIKE or SHARE” if you agree! A Wisconsin man wants to change laws at the Federal Level regarding medical laws.
This is how Wade Ayer got here. On Sept. 25, 2003, Wade Ayer’s sister, Julie Ayer Rubenzer (Google) walked into The Cosmetic Surgery Center, Sarasota, Florida, and was massively overdosed on Propofol. Julie Rubenzer was in a coma for 3 months and died as result.
16 months later, the Florida Dept. of Health conducted a hearing, expert testimony, intending to convince the judge to revoke Dr. Kurt Stephan Dangl’s license. (Youtube: Kurt Dangl to see the sworn Testimony of the “Judges Recommended Order”). The State of Florida eventually revoked Kurt Stephan Dangl’s license in Florida.
Wade Ayer was very confused. Why wasn’t Kurt Stephan Dangl prosecuted at all!
The Judge’s Recommended Order showed:
1. That the Kurt Dangl did not hire an anesthesiologist, had no certification to deliver Level Three (General) anesthesia, and did not have an anesthesiologist nurse. NOTE: This is against Florida State Medical Law! Julie Rubenzer received a cocktail of drugs, Inc. 1600 mg. of Propofol. This is 5 to 6 times for her body size.
Note: Wade Ayer learned when talking to the Sarasota’s State’s Prosecuting Attorney Karen Fraivilig that FloridaState’s Medical Law is not binding with the criminal law. Ayer said; “The States Attorney told me that all Kurt Dangl did was break medical law, or administrative law, which is not criminal law. All Kurt Dangl did was break professional code. The medical law is not binding with criminal law”!
And the state did not prosecute because the negligence was not culpable. An outrage. An abomination. This was the catalysts moment when Ayer knew that the medical laws & criminal laws were not in touch with the rest of the world!
2. That Julie Rubenzer stopped breathing had a heart attack, flat lined on the monitor and the nurse and surgical tech sounded the CODE: “Chestcompressions are needed.” And yet it was another 5 to 6 minutes went by before he would allow chest compressions. Most professionals will state that this time frame was far past the standard of care. This prompted Ayer to begin to ask this question to society: “How reckless does a Doctor have to be before it is criminal?”
3. Kurt Dangl during the flat lining crisis had an employee, Michelle Purdy (who is not a licensed medical person) take Julie’s pulse. She used her thumbs. NOTE: This action is criminal by allowing someone to practice medicine without a license. And yet Kurt Dangl never faced one criminal charge in Julie’s surgery and death.
And yet, time and time again theSarasota State’s Attorney Office said;“The negligence was not culpable, i.e. no intent to cause harm; therefore her death was deemed accidental”.
Julie Ayer Rubenzer’s family is incensed. Her father recorded each event in that case and published it.
Don Ayer, Rubenzer’s father says,“Given the evidence, and that this case was not prosecuted; They won’t prosecute any reckless malpractice death anywhere, unless famous like the Michael Jackson case. If anyone is not convinced, take the time to compare the facts in those two cases.Jackson never got a 1600mg. dose of Propofol on one setting. Note that the LA DA filed the charge “Involuntary Manslaughter W/O Malice. He deleted “malice” which is the word “culpability.”
So Wade Ayer started a Facebook page called “Malpractice Doctors are Exempt from Prosecution in theUnited States?” This forum was created to bring together victims, family of victims, doctors and all medical industry workers so they could hear each other stories and improve the status quo.
But what Wade Ayer learned was staggering. After hearing story after story (even from doctors in confidentiality) he realized that there were a lot of dysfunctional scenarios of medical behavior and that laws were going to be needed at the Federal level. This would help reduce incidents of medical malpractice.
In June of 2013, Ayer organized the first meeting of “National Organization of Medical Malpractice Victims” in Madison,WI. His goal is to gather stories and documentation that would help get federal attention and get medical law changed. He is getting the stories.
Ayer intends to gather a library of cases, enough to get the attention of the US House of Representatives. Ayer is convinced that “Medical Malpractice Doctors are Exempt from the Prosecutor.” There is nowhere for a victim’s family to go beyond lawsuit, licensing, or the local District Attorney. All actions stop at the local DA, local courts and state medical boards. There needs to be a federal oversight. There isn’t even a mandatory national reporting system; that is left to each state.
The vast majority of medical professionals adhere to the “standard of care”. The majority have no tolerance for those who do not. So, why don’t the different medical societies blow the whistle rather than waiting for another death, an injured victim or a survivor to sue, etc, etc. The beat goes on.
Medical societies and research hospitals do dedicate time and money to the subject of Patient Safety. Ayer’s dad has offered the his story to the Florida, Wisconsin and American Society of Anesthesiologists as a poster showing the dangers of Office Based Surgery and the dangers of practicing outside one’s license specialty. But he also learned that one more step is needed to improve patient safety: PROSECUTE. Google: donaldwayer.com.
He says, “If the local DA will prosecute the reckless cases, the ripple effect will cause a reduction in medical malpractice cases.”
Why doesn’t a state medical society or the AMA itself file a position statement with the local prosecutors? Why? Their image is that the gross violators are shielded by the medical societies due to inaction and therefore exempt from prosecution.
So, again, would you do anything about it? Wade Ayer said; “I must change this.
I do not want to see another family have to endure this sad reality.”
During this course of reading and hearing cases, Ayer discovered common themes that kept on re-appearing. And that these are among some of the core issues that need to be changed at the Federal Level.
Suggestions for State & Federal Medical Law Changes
1) When a Doctor loses a license, they should have to re-apply for a license at a hearing at the Federal level before being allowed to apply at another State. At that hearing the victim or of the family members of the victim should be allowed to voice their opinions on the matter.
2. Kurt Dangl and others were granted Medical licenses
without any family members alerted!
LAW = “The Malpractice Victims Hearing Law”.
2) Create a Federal Law binding the State Dept. of Health Administrative Law (which is really professional Code) with criminal law. Not just subjecting the doctor or staff with losing a license, but binding it with actual jail time and felony charges, teeth.
Call this the“Family of Victims Fairness Law”.
At the Adm. Law hearing,Sarasota, Jan. 05, a journalist covering the court case said, “This case was in the wrong court room. It should be in a criminal court.”
3) A Federal Medical Case Review System. This would be a panel of professional people, and not people off the street who do not know this industry. The current system is setup up to be; “A battle of the experts”, testimony that confuses non-medical industry people. The net result is a hung jury in most cases.
4) Tort Reform law & Law Suits. Tort Reform is nothing more than a cap on med mal lawsuit awards. A stay at home mother would have no dollar value since she wouldn’t have income. In the event of a death the family of the victim would have no justice or protection because no lawyer would take the case because that person would be deemed to have no $$$ value. = No Justice for the family?
What makes one person’s life more valuable than the next
person? Is it just because the next person made more
money? = How shallow!
5) “The Whistle Blowers Protection Act”. Doctors have told me privately they would lose their license if the hospital knew what they were telling me. These Whistle Blowers need to be protected by law!
6)“The Electronic Signature signing or Transparency Act.” This should be a law. Currently hospitals and doctors can amend, alter, omit, falsify in effort to protect themselves against law suits.
A) Video monitoring and voice recording or operating rooms. This would be an electronically signature and cannot be amended or tampered with.
B) Policemen have a video surveillance in their squad cars so why don’t medical operating rooms? Maybe it can be a patient’s choice to be filmed or not, but at least it should be an option.
C) It should be a felony to falsify testimony or medical records.
7) Propofol, only a licensed anesthesiologist or anesthesiologist nurse can give doses and monitor this drug, and criminal if not. This needs to be called
“Julie Ayer Rubenzer Law”.
8) How many protocols can a Doctor break before it is recklessly criminal? There must be a set United Statesstandard. AND MEDICAL CRIMINAL COURT where the evidence would be provided and determined if it is criminal or accident!
Call this “The Medical Fair Balance Law”
9) “Culpable” and the meaning needs to be removed when
applied to the Medical Industry.
10) Setting a Medical Standard across theUnited States. Why are the standards different across each State? Example, Floridarevoked Dr Kurt Dangl’s Medical License, Arkansaswould not issue Kurt Dangl a dental license but the State ofPennsylvania did, via a special deal.
Again, what would you do? Something or nothing? Normal human behavior is to do nothing, roll over, bitch for the rest of their lives, and live with it! Some survivors never recover. It’s called Post Traumatic Syndrome. Ayer’s Facebook stories tell of people drowning in booze, losing family, divorce, and friends, and on and on.
In trying to do something about it, he ran into the wall of indifference and the wall of secrecy. However, he learned early on when his sister’s story made national news, that government officials do shift gears when a TV camera is heading their way.
Ayer decided to do something about the dismissed medical malpractice deaths. Nobody knows for sure how many there were, but for sure there were/are/and will be too many. He decided to make his sister’s story “Ground Zero”, then gather cases prior to Sept. 25, 2003 and after. You can expect there will be thousands.