5 ASC controversies in 1 month

Becker's has reported on five ASC controversies in the last month.

1. A medical malpractice lawsuit was filed on Nov. 15 against Akira Yamamoto, MD, Lynette Tschabold, PA-C, Scott Morley, and several entities associated with the Palo Alto (Calif.) Medical Foundation, a Sutter Health-affiliated network.

The lawsuit, initiated by James Derbin, stems from a total hip arthroplasty performed on Dec. 7, 2023, at the Palo Alto Medical Foundation Ambulatory Surgery Center. Mr. Derbin alleges that Dr. Yamamoto's surgical performance fell below the standard of care, and claims that the procedure and subsequent care were negligent. The complaint further states that the defendants failed to identify and address a dislocation in his left hip, which was reportedly dislocated for nearly the entire postoperative period.

As a result, Mr. Derbin continues to experience significant medical complications requiring further treatment. He accuses all parties involved of failing to provide the reasonable care and skill expected of healthcare professionals.

2. Raynaldo Ortiz, MD, a Dallas-based anesthesiologist, has been sentenced to 190 years in prison after being convicted of injecting nerve-blocking agents and other drugs into IV bags at Baylor Scott & White Surgicare North Dallas.

In August 2022, Dr. Ortiz tampered with five IV bags, contaminating them with bupivacaine, epinephrine, and lidocaine before placing them in a warming bin for use by medical staff. The tampering led to four patients suffering cardiac emergencies during routine cosmetic procedures.

3. The Battle Creek (Mich.) Endoscopy and Surgery Center will permanently close on Dec. 31, resulting in the layoff of 17 employees. The closure follows the retirement of three physicians and the center's inability to recruit replacements, administrator Bridget Dove told WWMT

Ms. Dove highlighted the challenges of hiring amid a nationwide gastroenterologist shortage, exacerbated by new graduates opting for hospital employment over private practice or independent centers.

“Half of my physicians work for Bronson [Health System], and the other half work for Ascension,” said Ms. Dove. “This split made it nearly impossible to fill the vacancies caused by retirement.”

4. A Denton, Texas-based medical center has paid $14.2 million to settle alleged violations of Stark law and Medicare regulations related to four ASCs in the Dallas-Fort Worth area, specifically in Dallas, Richardson and Coppell.

Horizon Medical Center, which operates a long-term acute care hospital with several ASCs, self-reported that it failed to include a modifier and location to identify services performed at non-excepted, off-campus outpatient facilities when submitting claims to Medicare. 

Horizon disclosed that it had entered into management agreements with third-party companies affiliated with physicians performing surgery at its outpatient facilities. It also leased equipment through operating agreements with companies affiliated with those same physicians.

5. An investigation by ABC News 10 San Diego revealed that a San Diego Outpatient Surgical Center employed a nurse involved in a fatal malpractice case, the outlet reported Oct. 28.

Heather Lang Vass, RN, was sentenced to two years in prison in September after pleading guilty to involuntary manslaughter in connection with the death of a patient at Divino Plastic Surgery Clinic. The patient died after Ms. Vass administered excessive doses of fentanyl, Percocet and ketamine — despite not being authorized to provide anesthesia.

Following her conviction, Ms. Vass surrendered her nursing license. However, the San Diego Outpatient Surgical Center hired her as a quality assurance coordinator last summer, according to the report.  

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