THE WELCH COMPANY
440 Davis Court #1602
San Francisco, CA 94111-2496
415 781 5700
rodwelch@pacbell.net
S U M M A R Y
DIARY: July 27, 2009 08:12 PM Monday;
Rod Welch
Millie notified Paula Kaiser and UCSF liable for damages medical mistakes.
1...Summary/Objective
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CONTACTS
SUBJECTS
Default Null Subject Account for Blank Record
0403 -
0403 - ..
0404 - Summary/Objective
0405 -
040501 - Follow up ref SDS 18 0000, ref SDS 17 0000.
040502 -
040503 -
040504 -
040505 -
040507 - ..
0406 -
0407 -
0408 - Progress
0409 -
040901 - On 090725 2017 Millie notified medical team with copy to Paul in
040902 - Kaiser's Member Services Claims Resolution Department that Millie has
040903 - suffered damages from medical mistakes, and demands recovery from
040904 - Kaiser and UCSF. ref SDS 16 R25J
040906 - ..
040907 - On 090727 1119 called for Doctor Mason to get Kaiser's work plan for
040908 - recovering damages from UCSF for medical mistakes performing radiation
040909 - treatments on referral from Kaiser. ref SDS 17 BD5I
040911 - ..
040912 - On 090727 1153 Millie called Paula and advised that Doctor Mason in
040913 - Kaiser's Outside Referrals did not respond to Millie's call earlier
040914 - this morning, 0n 090727 1119, ref SDS 17 BD5I, so called Paula to get
040915 - assistance. ref SDS 18 BD5I Paula planned to investigate and call back
040916 - with report on Kaiser's progress securing Millie's rights under the
040917 - referral for medical mistakes by UCSF. ref SDS 18 J080
040919 - ..
040920 - On 090727 2012 summary of the record Paula has reviewed on Millie's
040921 - claim for standard of care to recover from injuries caused by medical
040922 - mistakes getting radiation treatments at UCSF on referral from Kaiser.
040923 - ref SDS 18 BD5I
040925 - ..
040926 - On 090727 2012 Paula did not call back, so Millie sent a letter
040927 - confirming demand for recovery of damages to correct medical mistakes,
040928 - including treatment to recover from 8th relapse of cancer as
040929 - previously presented to Kaiser Claims Department on 090520 1203.
040930 - ref SDS 11 9595
040931 -
040932 - 1. Subject: Recover Medical Mistake at UCSF on Referral from Kaiser Authorization # A023141470
040933 - Date: Mon, 27 Jul 2009 20:49:39 -0700
040940 - ..
040941 - 2. Confirming your telecon with Rod this morning you plan to
040942 - investigate who at Kaiser has responsibility to obtain relief
040943 - for me from UCSF medical mistakes [reported on 090727 1153.
040944 - ref SDS 18 BD5I, and cited in Millie's letter to the medical
040945 - teamm, including Paula in the Claims Resolution Department,
040946 - submitted a few days ago on 090725 2017. ref SDS 16 R262]
040947 - providing radiation services on referral from Kaiser under
040948 - authorization # A023141470 dated 090202, shown in the record on
040949 - 090205. ref SDS 5 278T
040951 - ..
040952 - 3. Kaiser and UCSF were notified I suffered damages from
040953 - progression of disease, and I requested treatment throughout
040954 - April and May to prevent disease from worsening. My concern
040955 - was that untreated disease, like inflammatory breast cancer
040956 - (IBC), becomes terminal.
040957 -
040958 - [On 090730 1129 Paula in Kaiser Claims Resolution
040959 - Department corridinating to get relief at Kaiser for
040960 - Millie's injuries caused by UCSF medical mistakes providing
040961 - radiation treatment on referral from Kaiser. ref SDS 19
040962 - BD5I
040964 - ..
040965 - 4. On 090609 Doctor Hsu, attending physician for my radiation
040966 - treatment, advised that UCSF made a medical mistake by failing
040967 - to treat IBC in my breastbone area. ref SDS 12 W65W This was
040968 - the area where cancer was most concentrated on my body, cited
040969 - in Doctor Rugo's letter on 090129 [reported on 090130 1722.
040970 - ref SDS 2 TZ6H, and observed by Doctor Hsu during examination
040971 - on 090205, at UCSF to plan my radiation traetments, ref SDS 4
040972 - FQ8W], and it has been untreated since 090122 the date prior
040973 - treatment with sunitinib was stopped by Doctor Rugo due to
040974 - progression. ref SDS 1 AT6N Doctor Hsu indicated during the
040975 - meeting on 090609 that untreated IBC in the breastbone may be
040976 - causing breathing problems, ref SDS 12 R24G, which later landed
040977 - me in the ER last Monday on 090720. ref SDS 15 GE5H He further
040978 - observed that areas he did treat with radiation in February and
040979 - March showed no signs of IBC on 090609, and, also, that IBC was
040980 - suddenly spreading outside areas he treated, where it had never
040981 - occurred previously in 8 years of disease. Obviously,
040982 - something caused sudden spread of disease.
040984 - ..
040985 - 5. A reasonable inference is that untreated IBC disease has caused
040986 - me to suffer expanding maladies that have now become severe due
040987 - to failure to provide timely treatment, following initial
040988 - notice on 090331, ref SDS 7 Q64R, [and Millie's request for
040989 - treatment on 090401, ref SDS 8 RE8P, and delayed by Doctor
040990 - Rugo believing diagnosis that the wound in the breastbone was
040991 - reaction to radiation, ref SDS 9 K56O, which was changed on
040992 - 090609 to untreated IBC, ref SDS 12 W65W], and follow up notice
040993 - of worsening condition, with request for treatment on 090412.
040994 - ref SDS 10 9S8Y
040996 - ..
040997 - 6. This and subsequent requests for treatment were ignored during
040998 - April and May, because the team was not yet aware expanding
040999 - disease was caused by IBC untreated for 6 months. On 090609
041000 - Doctor Hsu determined a medical mistake occurred in February
041001 - and March doing radiation that caused my problem. ref SDS 12
041002 - W65W
041004 - ..
041005 - 7. On 090609 Doctor Hsu proposed that UCSF would correct the
041006 - problem by treating Millie with MPA in a clinical trial under
041007 - Doctor Rugo. ref SDS 12 W66W On 090616 Doctor Rugo advised
041008 - "everybody" at Kaiser and UCSF is "on board" to give me
041009 - treatment required to recover from the UCSF medical mistake.
041010 - She described a series of treatments lined up to maintain my
041011 - care in the event that the initial effort to recover with MPA
041012 - was not effective. ref SDS 14 D647
041014 - ..
041015 - 8. However, on 090716, the doctor's assistant, Tara called late at
041016 - night and said UCSF does not have treatments lined up for me,
041017 - and so I was forced get treatment with Gemzar at Kaiser despite
041018 - conflicts with Kaiser's published guidance for my patient
041019 - profile.
041021 - ..
041022 - 9. I am concerned that Kaiser is forcing me to get treatment which
041023 - the doctor says probably won't work, and conflicts with my
041024 - patient profile, and is offering Hospice to ease transition
041025 - toward death, when I have "ECOG performance score 0" in the
041026 - latest examination at Kaiser on 090724, meaning that, with
041027 - treatment, I am as healthy as you, the doctor, or anyone else
041028 - without medical maladies. Denying a perfectly healthy person
041029 - essential treatment, conflicts with standard of care.
041031 - ..
041032 - 10. In my letter to the team on Saturday (shown below) confirming
041033 - understandings meeting with Doctor Johnson on 090724, I cited
041034 - standard of care for evidence-based medicine that requires
041035 - Kaiser to...
041036 -
041037 - "...determine which treatment methodology is going to
041038 - result in the most positive outcome with the least cost in
041039 - terms of suffering, time, and money." [reported on 090725
041040 - 2017. ref SDS 16 T58U]
041041 -
041043 - ..
041044 - 11. For several years, Doctor Johnson has known Kaiser does not
041045 - have treatments for my patient profile. He sent me to UCSF to
041046 - get additional treatments. In October of last year he began
041047 - reminding me to ask UCSF for a list of follow on treatments to
041048 - ensure I can remain healthy. He called this "treating my
041049 - cancer as a chronic disease."
041051 - ..
041052 - 12. Pursuant to the doctor's recommendation, I commissioned a 2nd
041053 - opinion, and on 090204 I received a list of 10 or so possible
041054 - treatments that fit my complex patient profile. ref SDS 3 4R3S
041056 - ..
041057 - 13. During the meeting on 090325 Doctor Johnson requested this list
041058 - of additional treatments, and I submitted it to both Doctor
041059 - Johnson and Doctor Rugo the next day on 090326. ref SDS 6 DW5S
041061 - ..
041062 - 14. Accordingly, Doctor Johnson and Doctor Rugo have a list of 10
041063 - or so treatments that may be better for my patient profile than
041064 - Gemzar, because, according to Doctor Johnson, Gemzar probably
041065 - won't be effective for me.
041067 - ..
041068 - 15. At this time, there is no evidence that coordination and
041069 - collaboration with Doctor Johnson, which Doctor Rugo described
041070 - on 090616, has not actually occurred.
041072 - ..
041073 - 16. Similarly, Doctor Johnson disclosed on 090724 that no
041074 - collaboration has occurred with Doctor Rugo since 090716, to
041075 - coordinate my care, contrary to what was represented to me by
041076 - Doctor Rugo's assistant, Tara, on 090716. Why? Because it
041077 - seems Doctor Rugo and Doctor Johnson are working with the
041078 - paradigm of me having received all of the treatments available
041079 - at Kaiser and UCSF for my patient profile, and they have
041080 - nothing left to offer.
041082 - ..
041083 - 17. That is not true. Doctor Johnson and Doctor Rugo have
041084 - expertise to provide standard of care to recommend "...which
041085 - treatment methodology is going to result in the most positive
041086 - outcome with the least cost in terms of suffering, time, and
041087 - money," regardless of where that treatment is provided. The
041088 - duty to correct medical mistakes is not limited to remedies
041089 - folks have on the shelf.
041091 - ..
041092 - 18. The next step in my care is for Kaiser to send a letter
041093 - referencing the referral authorization and notify UCSF to
041094 - submit a "work up" and treatment plan for correcting medical
041095 - mistakes, and which includes a survey of all sources for my
041096 - care, including the list submitted to Kaiser and UCSF on
041097 - 090326, and ordering solutions according availability,
041098 - effectiveness, side effects, and cost.
041100 - ..
041101 - 19. Doctor Johnson can then assist me in choosing the most viable
041102 - course of action, as he has done all along.
041104 - ..
041105 - 20. This is not beyond UCSF capabilities. Doctor Rugo's research
041106 - partner, Doctor Benz has issued 2 such reports in my case, each
041107 - about 10 pages in length, and each resulting in life saving
041108 - solutions for me.
041110 - ..
041111 - 21. If UCSF fails to perform, then Kaiser can hire the work done by
041112 - others, for example, MD Anderson, Stanford, etc., and send the
041113 - bill to UCSF. One way or the other a comprehensive review is
041114 - required to develop a treatment plan to recover from medical
041115 - mistakes in this case.
041117 - ..
041118 - 22. I assume Doctor Mason in the Kaiser Outside Referrals
041119 - Department can take the necessary action. He was asked to do
041120 - this on 090610. I have seen no evidence that Kaiser has taken
041121 - necessary action.
041123 - ..
041124 - 23. Similarly, my current treatment at Kaiser should be billed to
041125 - UCSF as the cost of recovering from medical mistakes.
041126 - Nominally, Kaiser and UCSF can reach an accommodation on cost
041127 - that does not diminish my chances of recovery.
041128 -
041129 - [On 090730 1129 Paula in Kaiser Claims Resolution
041130 - Department corridinating to get relief at Kaiser for
041131 - Millie's injuries caused by UCSF medical mistakes providing
041132 - radiation treatment on referral from Kaiser. ref SDS 19
041133 - BD5I
041135 - ..
041136 - 24. In your call with Rod this morning, you had a hearing to
041137 - attend, and then planned to consider my case toward reaching a
041138 - cost effective solution.
041140 - ..
041141 - 25. I am getting Gemzar at Kaiser in Walnut Creek in the morning at
041142 - 0930 as a stop gap measure pending getting a treatment required
041143 - to recover from UCSF medical mistakes. Please call Rod in the
041144 - afternoon after 1300; we should be home by then.
041145 -
041152 -
041153 -
041154 -
041155 -
041156 -
041157 -
041158 -
0412 -