Wednesday, June 23, 2021

Robert Morris Levy: An Arkansas newspaper's editorial illustrates the terrible widespread consequences that can occur when a government fails to 'rein in' a flawed pathologist..."From the NWA (Northwest Arkansas Democrat-Gazette) editorial 'A Systemic Tragedy': "At the center of it all is Dr. Robert Morris Levy, a pathologist who hid his substance abuse until an arrest on a charge of driving under the influence. Further investigation found 30 cases in which Levy misdiagnosed patients to an extent his efforts had serious medical consequences. Another 562 cases involved missed diagnoses serious enough to have risked the patients' health. Levy was found guilty of manslaughter in the death of one patient and sentenced to a 20-year federal prison term."




PASSAGE ONE OF THE DAY: "He was working intoxicated and had at one point been forced into substance abuse treatment. Then he was allowed to return, but it turned out he foiled the tests of blood and urine by using an intoxicating drug that can't be traced in such tests."


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PASSAGE TWO OF THE DAY: "The DUI charge ultimately led to a $2.1 million review by other pathologists of Levy's 33,902 cases since 2005 that found multiple examples of bad diagnoses. All of them involved real human beings whose lives where literally in Levy's hands and in the hands of the Health Care System of the Ozarks. "The (Office of Inspector General) found a culture in which staff did not report serious concerns about Dr. Levy, in part because of the perception that others had reported or they were concerned about reprisal," the report stated. "Any one of these breakdowns could cause harmful results." U.S. Rep. Steve Womack described "an abject failure of leadership that led to the misdiagnosis and subsequent harm to hundreds of veterans." What's truly astounding are the findings that the health care system's procedures put Levy in charge of quality management within his own department. The report outlined a 12-year period in which Levy was able to influence a review process that created an "inherent conflict of interest."


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EDITORIAL: "A systemic Tragedy,' published by The NWA Democrat-Gazette on June 16, 2021.


SUB-HEADING: V.A. (Veteran's Administration)  shortcomings detailed by report.


GIST: "Our fellow Americans who served in the nation's military know a little something about oftentimes cumbersome bureaucracies and their attraction to acronyms. In the armed forces, they dealt with both.


That experience continues as former soldiers, airmen, Marines, sailors and Coast Guard members rely on the U.S. Department of Veterans Affairs, the massive executive branch agency, for much if not all of their post-service health care.


A recent report from the agency described what veterans might sarcastically refer to as SNAFU, which in a family paper will be said to stand for "Situation normal: All fouled up." It's a reflection on systems from which they've come to expect complications, mistakes or nonsensical responses.


Is that the Health Care System of the Ozarks?


The report from the VA's Office of Inspector General put it this way: "Facility leaders failed to promote a culture of accountability."


That office was reviewing one of the most horrific incidents a health care system can experience -- one in which the effort to provide medical care instead does harm to the very people they're trying to help. 


At the center of it all is Dr. Robert Morris Levy, a pathologist who hid his substance abuse until an arrest on a charge of driving under the influence. Further investigation found 30 cases in which Levy misdiagnosed patients to an extent his efforts had serious medical consequences. Another 562 cases involved missed diagnoses serious enough to have risked the patients' health.


Levy was found guilty of manslaughter in the death of one patient and sentenced to a 20-year federal prison term.


He was working intoxicated and had at one point been forced into substance abuse treatment. Then he was allowed to return, but it turned out he foiled the tests of blood and urine by using an intoxicating drug that can't be traced in such tests.


The DUI charge ultimately led to a $2.1 million review by other pathologists of Levy's 33,902 cases since 2005 that found multiple examples of bad diagnoses. All of them involved real human beings whose lives where literally in Levy's hands and in the hands of the Health Care System of the Ozarks.


"The (Office of Inspector General) found a culture in which staff did not report serious concerns about Dr. Levy, in part because of the perception that others had reported or they were concerned about reprisal," the report stated. "Any one of these breakdowns could cause harmful results."


U.S. Rep. Steve Womack described "an abject failure of leadership that led to the misdiagnosis and subsequent harm to hundreds of veterans."


What's truly astounding are the findings that the health care system's procedures put Levy in charge of quality management within his own department. The report outlined a 12-year period in which Levy was able to influence a review process that created an "inherent conflict of interest."


Public officials and the public are right to be angry at a system designed to care for veterans that failed seriously enough that it became an agent for harm. It's such a bureaucracy, it's hard to pinpoint needed changes, but clearly strong leadership is what's required to avoid such major failings in the future. And, if such a major case as this went on so long, it's fair if there are concerns that smaller, but perhaps no less significant, issues remain in terms of proper management.


As has often been said, our veterans deserve so much better."

The entire story can be read at: 


PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they’ve exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;