Man accuses CHC doctor of medical malpractice
A doctor at the Commonwealth Health Center has been accused of malpractice after she allegedly advised a patient to simply take aspirin to heal a misdiagnosed ankle sprain that later turned out to be a bone fracture.
Alvin Owens also accused the CHC of negligently hiring physician Bernadette Saccamano and for continuously retaining the doctor despite her alleged incompetence.
As a result of the misdiagnosis, Owens disclosed that he had to undergo surgical operation for the removal of a portion of a bone. Had the initial diagnosis by Saccamano been correct, Owens said he would not have undergone such operation.
In a lawsuit filed with the Superior Court, Owens sought monetary damages from Saccamano and the CHC. Owens’ lawyer, Michael Dotts, also impleaded as defendants a CHC radiology employee who performed X-ray on him, the hospital’s supervisor, and an insurance company, whose identities have yet to be ascertained.
Dotts said Owens figured in an accident on a rented moped and injured his ankle last March 6. Owen sought treatment at the CHC’s emergency room the following day. Saccamano ordered an X-ray on Owens’ ankle.
“Defendant Saccamano told Mr. Owens that it was only a sprain and he should rest for a while and take aspirin, but otherwise it was okay to walk on the ankle,” Dotts said.
The lawyer said his client heeded the doctor’s advice and begun walking again after a few days of rest. The pain and swelling on Owens’ ankle, however, persisted.
About four weeks after Owens’ visit to the CHC’s emergency room, a radiology employee examined the X-ray of the patient’s ankle and found out about the alleged misdiagnosis, according to Dotts, who added that the employee never notified Owens about it.
Dotts said the continuing pain and swelling prompted Owens to seek help from a second doctor from the Pacific Medical Center, a certain Dr. De Guzman, who diagnosed the patient’s injury as a fracture. The doctor then referred Owens to a certain Dr. Austin, an orthopedic specialist at the CHC.
On April 30, Austin reviewed the original X-ray of Owen’s ankle. “Dr. Austin explained that, if Mr. Owens had been properly diagnosed, then only a cast would have been needed,” Dotts said.
“However, because of the misdiagnosis, the fracture had become displaced to the point that a surgical operation was now necessary to remedy the situation,” the lawyer added.
Owens complained about the misdiagnosis to the CHC’s administrator’s office as early as May 7, but he has yet to receive any reply even when he filed the lawsuit Friday. Austin operated on Owens on May 12, removing a bone fragment.
“In hiring [Saccamano], CHC knew, or in the exercise of due care, should have known, that defendant was not competent to satisfactorily perform her duties as a physician,” Dotts said.
Dotts said his client suffered not only physical pain but also mental and emotional distress and loss of enjoyment of life. Owens also incurred medical costs.