California Authorities Rule on Malpractice Case

The office of California’s Attorney General has advised the father of a young woman who died shortly after giving birth to her first child that the evidence is insufficient to warrant legal action against the two physicians accused of screwing up. I wrote about the case of Veronica Glaubach last March 22, and updated the entry April 8.

In a three-page letter dated May 16, 2006,  to Roberto Glaubach, Veronica’s father, the Supervising Deputy Attorny General, Robert McKim Bell, says that three medical experts reviewed the case, and provided independent analyses of treatment provided to Veronica. Bell also says he spoke with the original investigator of the Medical Board of California, and her supervisor. The letter gives the impression of a public offiicial trying to do a careful job, saying "no expense or resources were spared in investigating the treatment and care rendered to Veronica."

But the key sentence explaining why the attorney general’s office can’t or won’t go after the two doctors who treated Veronica is…well, bizarre might be the best description. Consider: "While the experts criticized some aspects of the treatment rendered by these physicians, they all concluded that any departures from the standard of care rose to the level of so-called ‘simple departures’–which is to say ordinary negligence–not the severe misbehavior upon which the Board is legally authorized to act."

So if I understand this correctly, "ordinary negligence"–whatever that is–is okay. What is the difference between "ordinary negligence" and "severe misbehavior"? You’ve got me. But next time I visit a physician, maybe I’ll give caution him: "If you screw up with anything, doc, I just want it to be ordinary negligence. Don’t pull any severe misbehavior on me."

Roberto says this matter isn’t over by any means. From his home in Buenos Aires, he has already asked the Medical Board of California to re-open its investigation, based on the opinions of experts he hired to assess the case. He is trying to set up meetings with Medical Board personnel when he travels to the U.S. in August. I’ll keep you updated.