A patient complaining of shortness of breath and chest pain visited a local doctor on three occasions in and around the start of 2000. The patient was sent home each time.
Nine days after the third visit, the patient died. An autopsy revealed a heart attack as the cause of death.
Following the death, an administrative complaint was filed against James O’Neill, M.D. of Clarkston by Attorney General Michael A. Cox through the Assistant Attorney General on behalf of the Department of Community Health, Bureau of Health Professions.
The complaint filed with the State of Michigan Department of Community Health Bureau of Health Professions Board of Michigan Disciplinary Subcommittee on March 17, 2005 charged O’Neill with violating the Public Health Code. According to the complaint, O’Neill’s conduct constituted ‘a failure to exercise due care.?
According to documents attained for Michigan’s Department of Community Health, O’Neill of the Clarkston Medical Group was fined $2,500 for violation of general duty and negligence following the complaint settlement.
‘About six years ago a person showed me an ECG and it was the wrong ECG and it resulted in (the patient) having an adverse outcome,? said Dr. O’Neill.
According to the complaint, on Dec. 29, 1999 the patient, whose name was left out of the complaint for confidentiality, came to O’Neill with shortness of breath, chest pain and light diarrhea. At that time, O’Neill ordered x-rays, blood tests and an electrocardiogram (ECG).
The x-ray showed bronchitis and mild pneumonia, but that the heart was not enlarged. The patient’s actual ECG showed evidence of changes compatible with heart disease, confirmed O’Neill. As stated in the complaint, O’Neill never reviewed that correct ECG, gave the patient antibiotics and sent him home.
‘The thing that’s difficult was he had reasons for the chest pain,? O’Neill said.
Ten days later, on Jan. 8, 2000, the patient again came to O’Neill with chest pain. O’Neill ordered another chest x-ray which revealed bronchitis was still present, there was less pneumonia and the heart was not enlarged. O’Neill however did not review the patient’s actual 1999 ECG and the patient was sent home, as stated in the complaint.
On Jan. 13, 2000 the patient visited O’Neill for a third time for chest pains. Dr. O’Neill again diagnosed pneumonia and bronchitis and prescribed another antibiotic and sent the patient home.
The patient died on Jan. 22, of a heart attack.
According to a deposition taken on Dec. 11, 2001, O’Neill acknowledged he did not review the ECG from Dec. 29, 1999. He also admitted he was responsible for reviewing the ECG and if he had, he would have admitted the patient to the hospital immediately.
Following the complaint, a consent order and stipulation dated July 20, 2005 was released officially reprimanding O’Neill for violating the health code.
The stipulation was an agreement establishing the facts alleged in the complaint were true and constituted a violation of the Public Health Code.
By signing the stipulation, O’Neill waived his right under the Public Health Code to ‘require the Department to prove the charges set forth in the complaint by presentation of evidence and legal authority, and to present a defense to the charges before the Disciplinary Subcommittee or its authorized representative.?
‘I want the public to know we take them seriously physically, mentally and spiritually; and we did not try to inhibit the investigation at all and cooperated in every possible way,? said O’Neill.
‘We set up procedures so things like this would not happen again. These things happen and you agonize over them. Everybody is trying to be careful to make sure they don’t happen.?
In reaching the agreement, the following factors were considered as stated in the stipulation :
? Respondent (O’Neill) obtained approval from Board conferee Scot F. Goldberg, M.D. and completed 13.0 credit hours of continuing medical education in the area of controversies in cardiovascular disease. Respondent understands that these credit hours will not count toward the number of credit hours required for license renewal.
‘Respondent has been licensed to practice medicine in Michigan since 1959 and no prior disciplinary action has been taken against his license.
‘Respondent has taken comprehensive corrective action to assure that the problem which resulted in the filing of the Administrative Complaint at issue will not occur again.
‘Respondent has expressed his extreme remorse with regard to this incident.
Dr. O’Neill confirmed a civil suit surrounding the matter was initiated, but the matter was settled out of court. He also stated no one else involved in the incident is facing any charges.
‘I think people should recognize nobody is above the law. I didn’t ask for any breaks and didn’t get any’I think it was terribly unfortunate that somebody gave me the wrong ECG, but I accept complete responsibility,? added O’Neill, who said no other discipline was forthcoming.