STATE HEALTH DEPARTMENT FAILS TO WARN PATIENTS OF SERIOUS HEALTH HAZARDS
STATE HEALTH DEPARTMENT FAILS TO WARN PATIENTS FOR OVER THREE YEARS OF POSSIBLE SERIOUS HEALTH HAZARDS AFTER PATIENTS ARE INJECTED WITH SOLUTION FROM CONTAMINATED VIALS
According to the New York Times, the New York state Health Department took 34 months to inform 628 patients that they should be tested for 2 types of hepatitis and HIV that may have infected their bodies when Dr. Harvey S. Finkelstein, an anesthesiologist, injected patients with medicine from contaminated multiple-dose vials. All of the cases involved epidural injections for pain by Dr. Finkelstein. The Times also reported that Dr. Finkelstein’s faulty practice directly caused at least one case of hepatitis C to be transmitted from one of his patients to another. Further, Nassau County health officials said they are now investigating a case of hepatitis B in an effort to establish whether that case of hepatitis is linked to Dr. Finkelstein.
Because of Dr. Harvey S. Finkelstein’s alleged poor infection-control practices, and because of the criticism in the nearly three year delay in notifying patients of possible health hazards, the state health commissioner, Dr. Richard F. Daines, has formulated a series of internal changes that would work to prevent delays in warnings in the future. Dr. Daines has formed a task force that will report to him on a monthly basis. The monthly report will contain such information as:
• All open investigations into doctors’ practices,
• Dr. Daines will request that reports from the various divisions of the Health Department that had not previously coordinated their efforts, now seek to do so
• The Health Department may diligently and aggressively seek to obtain medical records of physicians who are involved in cases where a health hazard is present
Nassau County officials, patient advocates, and Gov. Eliot Spitzer, have expressed strong criticism of the Health Department’s handling of the case. Even so, they are cautiously encouraged by Dr. Daines’s proposed changes.
Apparently, prior to Dr. Daines now preparing to effect such changes in the Health Department, no procedures were in effect to bring such long delays in warning patients to the Health Commissioner’s attention.
While Dr. Finkelstein was under investigation by two divisions of the Health Department, the Office of Medical Conduct, that investigates and disciplines doctors, found no evidence of wrongdoing, and the two divisions did not share information with one another regarding their independent investigations. Dr. Finkelstein’s unusually high numbers of medical malpractice suits were not taken into consideration and the State Health Department does not take such suits into consideration when evaluating doctors who are being investigated for practices that have come under scrutiny by the Department. At this time, Dr. Daines is considering whether or not and when, if ever, the public should be notified about a doctor’s history of malpractice suits.
According to Newsday, Claudia Hutton, spokeswoman for the New York State Health Department, annually there are at least "a half dozen" investigations statewide into doctors' transmission of hepatitis C.
State law requires the Health Department to keep the identity of a doctor who is being investigated confidential, up until the investigation is concluded. The confidentiality law was challenged. However, in 1993 an appeals court upheld it, saying that any changes would have to be made by the State Legislature.
