High profile cardiovascular angioplasty and stenting malpractice case appears to be resolving according to a report from Dr Demaio in The Heart. The center of a high profile medical malpractice case involving Dr Demaio is apparently coming to the final stages of resolution
From www.theheart.org
Austin, TX - The Texas interventional cardiologist investigated by his medical board and sued by eight patients over allegations he'd performed a range of unnecessary procedures has emerged from his three-year ordeal with no restrictions to his license and all but one lawsuit behind him.
As previously reported by heartwire, Dr Samuel DeMaio (Star State Heart, El Paso, TX) first made headlines in August 2010 when it came to light that the Texas Medical Board filed a complaint alleging that DeMaio had violated standards-of-care in nine patients dating back to 2008-2009.
According to the board's original complaint, DeMaio placed multiple stents in areas of insignificant or moderate disease; performed multiple angiograms in patients who were asymptomatic and had normal stress tests; unnecessarily implanted an ICD in two patients; failed to adequately inform patients of risks; failed to obtain informed consent for the off-label use of a stent in one patient; and inappropriately administered propofol to one patient, contributing to the patient's demise.
In the mediated agreed order signed earlier this month, however, the board's findings are dramatically curtailed, saying only that the board had found DeMaio to have placed multiple, elongated, overlapping drug-eluting stents in areas of insignificant or only moderate disease, and that his "reading of angiography film as it relates to percentage of arterial occlusion was flawed and disagreed with IVUS imaging performed."
One lawsuit unresolved
Speaking with heartwire, DeMaio said the board, "has dropped most of their original allegations," adding that he's emerged with no restrictions on his license and no formal reprimand. He also settled with the board neither admitting nor denying the allegations against him.
Moreover, of the eight lawsuits brought against him, two have been resolved in his favor, and he's been dismissed from the other five. These five cases were all settled with payments made to the patients from codefendants that DeMaio would not name, but not, he stressed, from him or his insurer on his behalf.
In the case of the final lawsuit, DeMaio emphasized to heartwire: "I don't want to settle the lawsuit because it's a case where I don't think I did anything wrong, and my attorney thinks I can fight it."
This last case, according to the Austin Statesman involves a patient in his 80s who alleges DeMaio implanted 32 stents over a 13-month period. DeMaio has previously discussed this case in some depth with heartwire, acknowledging that 32 stents was "an exceptional number," but noting that the patient had refused bypass surgery.
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