The State Medical Examining Board is deciding whether or not to revoke the medical license of a doctor accused of causing the death of a patient.
According to a Department of Public Health report, Dr. Michael Waldman, a radiologist, was operating on Thomas D'Amato, 74, in April of 2010 and accidentally punctured D'Amato's spleen during the surgery, but didn't tell him about it. D'Amato died three days later.
“Even though they said they didn't really investigate it, I do believe that the puncturing of the spleen caused my husband's death,” said Diane D'Amato.
Diane D'Amato did not get the chance to testify in front of the board, but says she hopes Dr. Waldman will be punished for his actions.
Medical board members said Waldman should have told his patient about the error, so D'Amato could be closely monitored.
“At this point, I don't think he should probably lose his license, but there should be some stiff penalty,” said Diane D’Amato.
Dr. Waldman and his attorney are working with the Department of Public Health attorney to reach an agreed upon settlement, which could include probation for Dr. Waldman. They laid out what the arrangement would be for the board.
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“I don't really think there's a huge dispute about what happened, what should have happened or what needs to be done about it,” said David Tillis, an attorney for the Department of Health.
“Dr. Waldman has no problems with the suggested changes that Mr. Tillis has brought to you,” said Jack Garamella, Waldman’s attorney.
It will be up to the board to weigh what the best course of action will be.
“Not to tell the patient that you've made that error and warn him that there may be an outcome is unacceptable. But I understand the man has suffered immensely,” said Board Chair Anne Doremus.
The board decided to table a decision until its next meeting.
