Patient Misdiagnosis Costs HMO $5 Million
On November 26, 2009, Kaiser Permanente, California’s biggest nonprofit HMO, was ordered to pay a former Valencia middle school administrator $5 million after its physicians misinterpreted signs of an impending stroke that left him partially paralyzed and disabled for life. An infection related to his subsequent treatment led to the amputation of both his legs. A panel of three arbitrators ruled November 18, 2009, in favor of Timothy Howard, who said Kaiser physicians were negligent for failing to properly diagnose the cause of his episodic blindness, headaches and other complaints.
Kaiser physicians in Panorama City, including a neurologist, diagnosed Howard, 48, with a migraine. As it turned out, Howard was suffering from a tear in the carotid artery, which was interrupting the main source of blood to his head. If Howard had been treated promptly with medication, Howard’s lawyer argued, the artery would have repaired itself within a few months. Instead, it went untreated for weeks, leading to a devastating stroke two years ago on Thanksgiving evening.
Kaiser acknowledged that its physicians got the diagnosis wrong and apologized. Kaiser took no disciplinary action against any physicians. Kaiser requires its members to resolve complaints about their care in arbitration instead of the courts.
Most of the $5-million award, which is binding, is intended to cover the costs of ongoing medical and custodial care for Howard. He is partially paralyzed, relies on a wheelchair and is unable to work or care for himself.
