Doctor under fire
President of medical society has been accused of malpractice more than any other local physician since 2004.
LANCASTER COUNTY, PA – Of 50 medical malpractice lawsuits filed here during 2004 and the first six months of 2005, six named orthopedist Anthony J. Mauriello Jr., president of the Lancaster City and County Medical Society.
No other county physician has drawn more than two suits during that time, according to records in the Lancaster County prothonotary’s office.
The earliest of the suits filed against Mauriello, in February 2004, has been dropped. The other five are active. None is yet scheduled for trial.
The suits involve three knee and two hip surgeries.
One of the patients died. Two suffered severe nerve damage. Two called on other doctors to redo their knee and hip replacements, according to the lawsuits.
Four of the five suits have been brought against Mauriello; Midstate Orthopaedics, his practice in Lancaster and Willow Street; and Lancaster Regional Medical Center, where Mauriello operated. The other suit does not include the hospital.
Asked to comment on these lawsuits, Mauriello referred a reporter to his attorney, Christopher Stump, of Stevens & Lee.
Stump said he cannot respond to individual allegations in pending lawsuits but can characterize the suits as a group.
“The fact that one lawsuit or 20 lawsuits have been filed does not mean that anyone did anything wrong,†he said.
Mauriello has had advanced training in hip and knee replacement, Stump added, so the doctor often deals with complex cases.
“All surgeries carry risks,’’ the attorney explained. “Orthopedic surgeries particularly carry risks. The majority of the surgeries involved in these lawsuits involve especially difficult orthopedic procedures that carry even higher risks.’’
Stump said “highly qualified experts’’ will review all cases and “we intend to vigorously defend them.’’
Mauriello, now 41, is a native of northern New Jersey. He graduated from Creighton University School of Medicine, Omaha, Neb., in 1993.
He did his internship at Albany Medical Center, Albany, N.Y.; his residency at Albany Medical Center, New York Medical College and St. Vincent’s Medical Center, all in New York City; and a fellowship in total joint replacement at Lenox Hill Hospital, an affiliate of New York University Medical Center, New York City.
Mauriello moved to Lancaster in 1999.
He began practicing with Orthopedic Associates of Lancaster, focusing on joint treatment. He opened his own office, Midstate Orthopaedics, in January 2001. The practice has one other doctor.
Mauriello was installed as the medical society president in June. He also has served in the Pennsylvania Medical Society House of Delegates.
Mauriello is the only Lancaster doctor who has been sued here repeatedly since the state Supreme Court required strict labeling of medical malpractice lawsuits at the beginning of 2004.
William Atlee and three other attorneys with Atlee, Hall & Brookhart filed the suits on behalf of the plaintiffs.
Here are the basic details of the five lawsuits against Mauriello, in chronological order:
· According to the complaint of a lawsuit filed March 23, 2004, by plaintiffs Kurt and Lou Ann Stoner, 3246 Blue Rock Road, Mauriello replaced Kurt Stoner’s left knee in April 2002.
Stoner, 45, complained of continuing pain and inability to fully flex his knee. That September, Mauriello manipulated Stoner’s knee under anesthesia to break down scar tissue around the surgical area, according to the complaint.
Not satisfied with his progress in therapy, Stoner contacted Dr. Paul Neuman, who redid Mauriello’s knee replacement at Reading Hospital and Medical Center in June 2003. Stoner regained full use of his knee.
The lawsuit’s complaint claims Mauriello was negligent in not properly sizing or positioning the knee replacement.
The suit seeks “in excess of $35,000’’ on each of four counts.
The first three counts charge medical negligence against Mauriello, Midstate and Regional individually. The third count specifically charges the hospital with “granting privileges to perform total knee replacement surgery to a physician who was not properly qualified to perform the procedure.’’
The fourth count charges all three defendants for causing Mrs. Stoner’s “loss of consortium’’ with her husband.
A preliminary response from defense attorney Stump questions the plaintiff’s allegations about his treatment by Mauriello and Neuman.
The defense denies that “these allegations in any way suggest that Dr. Mauriello was negligent or that revision surgery was required due to Dr. Mauriello’s care.’’
Andrew Briggs and Karen Minehan of Post & Schell, attorneys for Regional Hospital, deny all allegations of negligence, countering that “the care provided was at all times consistent with the standard of medical care in the community.’’
· In a suit filed April 20, 2004, Diane and Frank Kirsch, 649 Wyncroft Lane, allege that Mauriello operated negligently on Mrs. Kirsch’s left leg and hip three times in August and October 2002.
Mrs. Kirsch, 59, had continuing problems, so Mauriello consulted Dr. William Parrish of Hershey Medical Center. Parrish took X-rays, according to the lawsuit’s complaint, “from which it was determined that Mrs. Kirsch’s hip replacement was improperly inserted.’’
Parrish removed the artificial hip and inserted a new one.
The Kirschs seek “in excess of $50,000’’ on each of three counts.
Two counts charge medical negligence against Mauriello and Midstate individually. The third charges both for causing a loss of consortium.
In a preliminary reply to the lawsuit, the defense suggests that “plaintiffs’ injuries, if any, may be the result of a negligent act of individuals other than defendants.’’
· Lorraine Ruhl, of Lititz, filed a lawsuit on Nov. 1, 2004, following the death of her husband, Michael Ruhl, nearly a year earlier.
Ruhl, a 54-year-old construction project foreman, had elected to have a right hip replacement.
On Nov. 10, 2003, Mauriello operated at Lancaster Regional. Ruhl lost 4,500 cubic centimeters of blood, “an excessive amount of blood for this procedure,’’ according to the lawsuit’s complaint.
(A thousand cubic centimeters is equivalent to slightly more than a quart.)
Following surgery, the patient continued to lose blood and died on Nov. 12.
An autopsy concluded that the cause of death was fat emboli (fat droplets moving within blood vessels following trauma) caused by an excessive amount of blood loss and shock.
The lawsuit’s complaint charges that during the surgery Mauriello “created a situation where Mr. Ruhl lost a tremendous amount of blood and did not properly intervene to resolve the bleeding.’’
The suit further charges that neither Mauriello nor other health-care providers at the hospital “intervened to identify the cause of the blood loss and correct it until too late.’’
As a result of this negligence, according to the suit, Ruhl died.
The suit seeks “in excess of $35,000’’ on each of five counts.
Three counts name Mauriello, Midstate and Regional individually because they “negligently caused and/or allowed excessive bleeding during and/or after surgery’’ and were otherwise negligent.
A fourth count charges corporate negligence against the hospital because it allegedly failed “to properly select and retain only health care providers and staff who were competent in providing care for patients such as Mr. Ruhl.’’
That count also alleges that through its own health-care providers and staff the hospital “had actual or constructive notice that Dr. Mauriello was not properly caring for patients.’’
The fifth count charges all three defendants with inflicting emotional distress on the plaintiffs, who “witnessed the injuries caused by the loss of blood and ongoing bleeding suffered’’ by Ruhl.
Mauriello and the hospital have objected to these allegations in preliminary court filings.
Mauriello claims the patient “died of a known complication of any orthopedic surgery, a fat embolism’’ and, therefore, the plaintiffs have no basis for a suit.
Lancaster Regional says the suit against it should be dismissed because the plaintiffs have no proof of corporate negligence.
· In a lawsuit filed May 3, Marjorie and James Snare of Huntingdon allege that Mauriello, in performing a right knee replacement in June 2003, “negligently crushed and/or severed’’ nerves in Mrs. Snare’s leg, causing severe incapacitation.
The lawsuit’s complaint further charges that “Mauriello negligently failed to intervene to correct or remedy’’ the problem.
Other doctors examined Mrs. Snare, who was 72 at the time of the surgery, and recommended an ankle brace and further treatment, according to the complaint.
The suit seeks “in excess of $50,000’’ on each of five counts.
Three counts charge that Mauriello, Midstate and Regional individually operated negligently and failed to intervene with remedial action, “which placed Mrs. Snare at undue risk of serious and permanent disability.’’
A fourth count charges Regional separately with corporate negligence because, prior to the surgery, the hospital had notice of “numerous complaints and issues regarding treatment provided by Dr. Mauriello’’ and notice that Mauriello “was not properly caring for patients.’’
A fifth count charges all three defendants for causing a loss of consortium.
Mauriello has not yet replied to the suit.
Lancaster Regional’s preliminary reply denies all allegations and asserts that the hospital was not negligent.
· In a suit filed June 7, Baron and Renee Geib, of Lititz, allege that Mauriello injured a nerve and caused other damage in July 2003 while replacing Geib’s left knee.
The lawsuit’s complaint further charges that although Mauriello later discovered nerve damage, he addressed the 42-year-old Geib’s post-operative distress only by prescribing pain killers.
In January 2004, Geib sought a second opinion from Dr. Thomas Westphal. Westphal referred the patient to Dr. Jack Shilling. Both are local orthopedic surgeons.
According to the complaint, Shilling reported that Geib “had a peroneal nerve injury problem from the knee replacement surgery.’’
Shilling performed an operation to repair correctable damage, not including the nerve.
Lancaster neurosurgeon James Argires evaluated Geib on Dec. 1, 2004, according to the lawsuit. Argires concluded that Geib’s nerve damage is permanent and “this resulted from his first surgical procedure by Dr. Mauriello.’’
The plaintiffs seek “in excess of $35,000’’ on each of four counts.
The first three name Mauriello, Midstate and Regional individually for negligence in causing Geib’s “severe permanent injuries.’’
A fourth count charges Regional separately with corporate negligence &tstr; allowing Mauriello to operate although the hospital had notice of “numerous complaints and issues regarding surgeries performed by Dr. Mauriello, specifically, that Dr. Mauriello was not properly performing knee replacement surgeries and was not properly caring for his patients at Lancaster Regional.’’
A fifth count charges all three defendants for causing a loss of consortium.
Defendants have not yet replied to the substance of the suit.
Mauriello also was one of four local surgeons identified in June as having an unusually high number of complications for hip and knee replacement surgeries in 2002.
The Pennsylvania Health Care Cost Containment Council said Mauriello had a higher than expected number of device problems and patient readmissions.
Midstate Orthopaedics’ office manager explained that two of Mauriello’s patients had dislocated their joints twice and were counted as four patients.
The manager said readmission rates reflected Mauriello’s policy of replacing a patient’s knees one week apart, which is counted as a readmission.