Catholic Medical Center in Manchester, New Hampshire had a problem. Its star cardiothoracic surgeon was killing people. What to do? It could protect patients or it could protect itself and its star surgeon. Perhaps unsurprisingly, it chose the money and prestige and left the patients to fend for themselves. There are lessons here for all of us.
According to an investigation by the Boston Globe, Catholic Medical Center, one of the largest and best hospitals in New Hampshire, ignored the dismal record of its star cardiothoracic surgeon and allowed him to continue to perform surgery for years. The surgeon, Dr. Yvon Baribeau, while apparently a talented surgeon, had complaints and a high death rate among his patients. His care resulted in 21 settled medical malpractice suits. Fourteen of those suits arose out of a patient death. According to the Globe, no one in the United States has a worse record than that.
It is not as though Dr. Baribeau’s frequent malpractice was a secret to the hospital. Other doctors and surgeons at the hospital told its executives that he was harming and even killing patients. The hospital chose to do nothing. One cardiologist even filed a federal whistleblower complaint citing Dr. Baribeau’s many patient deaths.
Not only did the hospital permit Dr. Baribeau to continue to perform surgery at its hospital, it made him the public face of the hospital. It starred him in commercials and hailed him as a gifted surgeon who provided outstanding care to his patients. Citing Dr. Baribeau, the hospital urged patients to choose it for cardiac surgery.
Of course, being sued for medical malpractice does not mean that a doctor is guilty of malpractice. Many doctors get sued, some for good reason and some just because their names are on the patient’s chart and the lawsuit is the only way to figure out who did what. Furthermore, doctors are human and humans make mistakes. Even good doctors make mistakes and can end up being sued. But to be sued 21 times takes some doing. No other cardiac surgeon in New Hampshire, active or retired, has been sued more than twice.
Dr. Baribeau began practicing at Catholic Medical Center in 1992. He retired at age 63 in 2019. Apparently, the malpractice problems began shortly after he did. After the Boston Globe report about the number of settled claims and patient deaths, the hospital hired a law firm to conduct an outside review of its conduct and that of Dr. Baribeau. The report was blunt and found that, when confronted with reports and complaints about Dr. Baribeau, the executives became defensive instead of open to the idea that there might be a problem with their star surgeon. It found that there was a perception among the staff at the hospital that those who complained about Dr. Baribeau were punished or retaliated against.
Although the hospital has now accepted responsibility for its conduct with regard to Dr. Baribeau, patients died, patients were injured, staff were hesitant to report about him and perhaps others, and large amounts of money had to be spent to resolve claims arising out of his actions.
There are lessons here for everyone. Hospitals must place patient safety first and not immediately go into a defensive crouch when someone alleges malpractice. Medical staff should be encouraged to report problems so that they can be addressed. Patients need to understand that medicine, especially today, is a big business and that they are responsible to a large degree for their own safety. Patients must do their homework and not just accept the happy talk and hype that comes out of hospitals these days about how good everything is. Patients – be aware and cautious.
