This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.theguardian.com/world/2014/feb/12/new-jersey-regulators-bar-british-surgeon-struck-off-uk
The article has changed 3 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| New Jersey regulators move to bar British surgeon struck off in UK | New Jersey regulators move to bar British surgeon struck off in UK |
| (35 minutes later) | |
| A doctor who was banned from practising in Britain after being convicted of the manslaughter of a patient fled to the US, reinvented himself as a pioneering spine surgeon and severely injured a number of patients, according to a damning report commissioned by state authorities in New Jersey. | A doctor who was banned from practising in Britain after being convicted of the manslaughter of a patient fled to the US, reinvented himself as a pioneering spine surgeon and severely injured a number of patients, according to a damning report commissioned by state authorities in New Jersey. |
| Dr Richard Kaul was told by a judge in London in 2001 that his career was “in ruins” when he was found guilty of causing the death of Isatu Bangura, who suffered cardiac arrest after he injected her with sedatives and failed to monitor her condition. | Dr Richard Kaul was told by a judge in London in 2001 that his career was “in ruins” when he was found guilty of causing the death of Isatu Bangura, who suffered cardiac arrest after he injected her with sedatives and failed to monitor her condition. |
| Yet he moved to the United States and became a multi-millionaire by restyling himself as an expert in lucrative keyhole back surgery, despite his only hands-on training in the specialism being a two-week course in South Korea. | Yet he moved to the United States and became a multi-millionaire by restyling himself as an expert in lucrative keyhole back surgery, despite his only hands-on training in the specialism being a two-week course in South Korea. |
| Kaul, 49, was due to be stripped of his licence at a meeting of New Jersey medical regulators on Wednesday after being ruled a “danger to the public” by a judge as part of a three-month professional prosecution by state authorities. | Kaul, 49, was due to be stripped of his licence at a meeting of New Jersey medical regulators on Wednesday after being ruled a “danger to the public” by a judge as part of a three-month professional prosecution by state authorities. |
| “He never should have performed any spinal surgeries,” Judge Howard Solomon wrote in a 105-page decision, concluding that Kaul engaged in “gross negligence, gross malpractice and gross incompetence” by operating on patients “without sufficient training, skills and competence”. | “He never should have performed any spinal surgeries,” Judge Howard Solomon wrote in a 105-page decision, concluding that Kaul engaged in “gross negligence, gross malpractice and gross incompetence” by operating on patients “without sufficient training, skills and competence”. |
| Kaul’s repeated violations of the laws and regulations governing doctors in the state “warrant nothing less than the revocation of his medical licence”, the judge concluded. | Kaul’s repeated violations of the laws and regulations governing doctors in the state “warrant nothing less than the revocation of his medical licence”, the judge concluded. |
| The case has raised concerns about the safety of ambulatory surgical centers (ASCs) like Kaul’s, which offer same-day procedures that are quicker and less expensive than in traditional hospitals, but are not subject to the same regime of inspections and checks. | The case has raised concerns about the safety of ambulatory surgical centers (ASCs) like Kaul’s, which offer same-day procedures that are quicker and less expensive than in traditional hospitals, but are not subject to the same regime of inspections and checks. |
| In 2012, New Jersey governor Chris Christie vetoed a bill approved by state legislators that would have ensured all such surgeries in the state were regulated, partly on the grounds that it would cost too much for his administration to inspect them. | |
| David Knowlton, president of the New Jersey Health Care Quality Institute (NJHCQI), a non-profit watchdog group, said that dangerous doctors such as Kaul “probably would have been caught” under the vetoed regulation regime. | David Knowlton, president of the New Jersey Health Care Quality Institute (NJHCQI), a non-profit watchdog group, said that dangerous doctors such as Kaul “probably would have been caught” under the vetoed regulation regime. |
| A dossier for the prosecution presented by one of Christie’s deputy attorney generals argued that Kaul had performed complex surgery with “flagrant disregard” for his inadequate qualifications. | A dossier for the prosecution presented by one of Christie’s deputy attorney generals argued that Kaul had performed complex surgery with “flagrant disregard” for his inadequate qualifications. |
| It detailed the cases of 11 patients who claimed to have suffered mistreatment at his hands between 2005 and 2012. Several of them limped to the witness stand to testify against Kaul and fought back tears during hearings at the office of administrative law in Newark last year. | It detailed the cases of 11 patients who claimed to have suffered mistreatment at his hands between 2005 and 2012. Several of them limped to the witness stand to testify against Kaul and fought back tears during hearings at the office of administrative law in Newark last year. |
| Kaul had charged them tens of thousands of dollars for operations such as the fusing together of troublesome vertebrae. Some did not even need the surgeries, the judge ruled, while others suffered botched procedures that had to be redone after they caused excruciating pain. | Kaul had charged them tens of thousands of dollars for operations such as the fusing together of troublesome vertebrae. Some did not even need the surgeries, the judge ruled, while others suffered botched procedures that had to be redone after they caused excruciating pain. |
| James Jarrell, a 62-year-old former construction worker at Ground Zero, said he felt “crippled” after a fusion by Kaul – which was later declared unnecessary – left him struggling to walk and unable to work. “He was awful,” said Jarrell. “I can barely bring myself to call him a doctor”. | James Jarrell, a 62-year-old former construction worker at Ground Zero, said he felt “crippled” after a fusion by Kaul – which was later declared unnecessary – left him struggling to walk and unable to work. “He was awful,” said Jarrell. “I can barely bring myself to call him a doctor”. |
| Research compiled in 2011 by the NJHCQI found that one in four ambulatory surgical centers in the state had been cited by the department of health for “immediate jeopardy”, meaning that their failure to comply with regulations had caused, or was likely to cause, “serious injury, harm, impairment or death to a patient”. | |
| Surgeries were inadequately sanitised, staff were recorded “walking through the sterile operating room in street clothes”, records were not properly completed, and single-use medical equipment was used “more than once, on more than one patient”, according to the research. | |
| “I would not advise any of my friends or family to have surgery or procedures done at any unlicensed surgical practice,” Knowlton said at the time. An effort to tighten the regulations on ASCs collapsed in the state assembly last year. | |
| Kaul was also left free to practise despite New Jersey authorities suspending him for six months and fining him $10,000 in 2003 when they discovered via a tipoff that he had failed to declare his English manslaughter case on his application to renew his American medical licence. | Kaul was also left free to practise despite New Jersey authorities suspending him for six months and fining him $10,000 in 2003 when they discovered via a tipoff that he had failed to declare his English manslaughter case on his application to renew his American medical licence. |
| Kaul mounted an elaborate PR campaign to fight off the allegations, claiming to be the victim of a political conspiracy co-ordinated by Christie and mainstream spine surgeons who, he said, were resentful after losing business to him. “This just goes to show that in New Jersey you cannot get a fair shake if you are on the wrong side of the political establishment,” he said shortly after the judge’s verdict was published. | Kaul mounted an elaborate PR campaign to fight off the allegations, claiming to be the victim of a political conspiracy co-ordinated by Christie and mainstream spine surgeons who, he said, were resentful after losing business to him. “This just goes to show that in New Jersey you cannot get a fair shake if you are on the wrong side of the political establishment,” he said shortly after the judge’s verdict was published. |
| Kaul published glossy pamphlets and petitions that purported to show signatures of satisfied customers. He wrote a string of news articles defending himself, and posted publicity videos, including one showing an apparent former patient happily skiing. | Kaul published glossy pamphlets and petitions that purported to show signatures of satisfied customers. He wrote a string of news articles defending himself, and posted publicity videos, including one showing an apparent former patient happily skiing. |
| He published secret surveillance footage of another patient, attempting to show that her injuries had been faked, despite the clip showing she was bent double. His publicist even posed as a journalist and interviewed a state medical official in an effort to expose the supposed conspiracy. | He published secret surveillance footage of another patient, attempting to show that her injuries had been faked, despite the clip showing she was bent double. His publicist even posed as a journalist and interviewed a state medical official in an effort to expose the supposed conspiracy. |
| Ultimately, however, he failed to rebut the allegations. “It has been proven, well beyond a preponderance of the credible evidence, that [Kaul] not only poses a danger to the public, but has violated several statutes and regulations governing the practice of medicine and surgery in this state,” wrote Solomon. | Ultimately, however, he failed to rebut the allegations. “It has been proven, well beyond a preponderance of the credible evidence, that [Kaul] not only poses a danger to the public, but has violated several statutes and regulations governing the practice of medicine and surgery in this state,” wrote Solomon. |
| Now owing millions of dollars in legal fees, damages and unpaid taxes, and with his surgery in New Jersey bankrupted, a defiant Kaul said that he planned to focus on treating poverty-stricken people in Congo, as part of The Spine Africa Project, a charity he founded. “I don’t see why it should stop me helping people with my skills,” he said of the judge’s decision. | Now owing millions of dollars in legal fees, damages and unpaid taxes, and with his surgery in New Jersey bankrupted, a defiant Kaul said that he planned to focus on treating poverty-stricken people in Congo, as part of The Spine Africa Project, a charity he founded. “I don’t see why it should stop me helping people with my skills,” he said of the judge’s decision. |