This page is a satellite site from the main healthcare site focusing on the good and the bad medical culture at Kaiser Permeate health plan and particularly what this writer experienced at the Walnut Creek Kaiser facilities over a period of 40 years.
The pattern of denial of universally recognized cancer treatment to this writer by a group of rogue oncologists, aided and abetted, enabled, by the physician in chief and assistant at the Walnut Creek Kaiser facilities.
The arrogant denial of treatment for a disabling leg muscle, treatment, as most recently demonstrated by Dr. Charles C. Fang, to a patient in pain from the untreated condition, and in grief from the recent death of a loved one.
The widespread culture of disrespect and contempt by certain Kaiser physicians for vulnerable health care members in medical need.
Pros and Cons of HMOs, Such As Kaiser Permanente
The benefits include:
All facilities are often at one location. For people with mobility problems, this is especially important.
Medical records, especially the results of blood tests, are promptly available for the members.
Different physician specialties are often at one location.
Good for maintaining health.
The negatives include:
Possible denial of universally recognized medical care, that conveniently increases the profits of the physician group or for-profit HMO corporation. Integrity is a key determination as to whether the patient's life is ignored for the benefit of profits.
Some HMOs, such as Kaiser, hired physicians, often from foreign countries, with demonstrated low competency levels and difficult language communications.
Inadequate oversight or response by government regulators to medical misconduct.
Sample of Incompetence Experienced by
This Writer from Kaiser Physicians
For many years the integrity of physicians at Kaiser Walnut Creek facilities was good. But like the culture in other segments of government and society, that changed. The following are examples of how this culture made permanent changes in the life of this writer:
Treatment for Near-Fatal Angina Unrecognized. In 2003, when one of the coronary bypasses failed, unstable angina was so painful that death was near. Several Kaiser physicians stated there was nothing they could do for him because his coronary vessels were too small for either a stent or replacement of the collapsed bypass in open heart surgery. This writer then made final funeral arrangements for his expected imminent death. An internet search revealed a worldwide non-invasive treatment that generated bypasses around blocked coronary arteries, that was approved by Medicare and most health insurance policies. One series of treatments changed this writers life, causing him to publicize it in a web site: www.heartsurvival.info.
Swollen Legs Like Japanese Wrestler Untreated. In about 2008, this writer's legs swelled to a size like a Japanese sumo wrestler. Two Kaiser primary care physician noticed but did nothing. One primary care doctor, apparently foreign born, looked at them but did nothing. This writer then requested change of the diuretic to the more powerful Lasix, and the swelling and 18 pounds of weight disappeared.
Failure to Test for Statin Toxicity and Permanent Leg Muscle Damage. In about 2009, the use of the statin drug, Simvastatin, caused permanent leg muscle damage, that could have been prevented if the Kaiser physicians had been ordering the required periodic blood tests. This writer halted the use of Simvastatin on his own and requested blood tests that showed major muscle damage.
Spreading Cancer Symptoms Ignored: Probable Death Outcome. Also in about 2009 and 2010, this writer repeatedly reported to three different Kaiser primary care physicians serious symptoms that were later discovered to be kidney cancer. (Back pain over right kidney, following an earlier massive blood loss due to a ruptured right kidney cyst, abdominal discomfort, etc.) Two primary care physicians responded to the alternating constipation and diarrhea problems by taking frequent enemas! Other symptoms included lower abdominal pain, pain over the right kidney where there had previously occurred a massive rupture of a cyst on that kidney. The third Kaiser physician, Dr. Richard R Unger, responded to my request for a CT scan by admitting it was Kaiser policy not to order tests of people my age.
Many years earlier, this writer was a pharmaceutical detail man detailing sophisticated medications to physician specialists, requiring considerable research, a practice he continued to this day.
Forced to Obtain Out-of-Plan Diagnosis of Advanced Kidney Cancer
Out of plan physician. In May 2011, this writer then went to an out-of-plan physician who promptly ordered a CT scan when he was told of the symptoms. That scan showed an advance Stage III and beyond cancer in thee right kidney and related lymph node. Had the symptoms been acted upon earlier, the kidney cancer probably would have been caught at an early stage and been curable.
Kidney cancer report given to Kaiser physicians. Kaiser physicians, upon being presented with the cancer report and disk.
Pattern of excuses leading to inexpensive hospice care. Upon receiving the out-of-plan kidney cancer report, a series of Kaiser physicians, acting in unison, then engaged in repeated efforts to deny any treatment, and stating nothing would be done until stronger symptoms of the advancing cancer were experienced. This could be expected after the curative and remission-enabling effects of expensive kidney cancer drugs would no longer be effective or needed. Palliative care in a hospice environment would then result in a greater year-end profit for the for-profit Kaiser physician group. Engaging in this death panel scheme were three Kaiser oncologists and the chief physician and assistant chief physician of the Walnut Creek Kaiser facilities. More details further down. Drs. Michael Russin, Aram Canin, young female Chinese doctor recently hired, Dr. Jeanette Cu Yu, and others.
Statin related leg muscle damage escalated. In late 2011 and early 2012, the prior leg muscle problems became progressively worse, and this writer experienced the similar do-nothing reaction from Kaiser physicians. (More details further down.)
Complaints to California and federal healthcare government regulators encountered the standard aiding and abetting conduct found in other government agencies.
Complaints to federal Medicare fraud and denial of prepaid medical care government regulators revealed the farce of appeal procedures.
Kaiser medical fraud compounded caregiver activities by this writer to severely ill Stage IV esophagus cancer patient. All of these cancer-related acts where occurring while this writer was providing grueling caregiver assistance to the love of his life, Glenda, including during his period of great grief when she finally was relived of great pain by her death on February 1, 2011. The Kaiser retaliation against this writer increased during this period of grief, initiated by Kaiser physician Charles C. Fang, who refused to provide any relief while the leg pain and suspected myositis was becoming increasingly painful and disabling. Details further down
The end result of this irresponsible and near-criminal physician misconduct by for-profit Kaiser physicians includes preventable pain, disabling permanent medical conditions, and deaths. If this culture existed in the aviation field, aviation disasters would be a regular occurrence. Deaths from this misconduct go unreported.
On July 29, 2011, approximately 12 weeks after the Kaiser Permanente Health Plan physicians were notified of the kidney cancer determination, visits with oncologists occurred.
On August 5, 2011, obviously concerned about the spreading cancer cells, this writer requested an appointment with oncologist Michael P. Russin. No concern was shown for the spreading cancer that was on the verge of entering an incurable Stage IV. September 12, 2011, was the first appointment—almost six weeks later—as the pattern of delaying treatment continued.
Kaiser Physicians Denying Prompt Surgery
At Critical Cancer Stage
Realizing the danger of the spreading cancer from a Stage III to a virtually incurable Stage IV, the patient requested prompt surgery. At this stage his only contact was with the surgeon.
The surgeon blocked any prompt surgery, stressing that the patient should do nothing and allow the cancer to spread. The excuse was that the patient was at a high surgical risk because of his age. The patient looked and acted much younger than his age. Also,, numerous medical reports showed no significant extra risk for older patients from the small-incision laparoscopic nephrectomy that was to be performed.
After refusal for prompt surgery was refused, the patient field an appeal, making the conduct known to the top officers of the Kaiser Permanente Health Plan and corporate offices. Appeal was denied.
The patient's request to coordinate with chemo and radiation oncologists was also denied. It is standard practice cancer medical centers—which they stress in their writings—that a team of cancer specialists are assigned to every patient, for the patient to interact with. This was denied by Kaiser Permanente physicians and home office.
Surgical removal of the cancerous right kidney and lymph node was performed eight weeks after notification by out-of-plan physician and 18 months after first symptoms appeared.
Pathology Report Showed Critical Progress of Cancer
The pathology report on the removed kidney showed the progression of the cancer from a probable curable Stage III to a possible Stage IV mostly incurable condition.
Stage III is when the cancer had not metastasized beyond the nearby kidney lymph node. Stage IV is when a CT or PET scan shows the cancer growing beyond this point. Where cancer cells have been found to have entered the body's circulatory system--but not yet shown up as a cancerous mass on the standard tests, there is no staging number. In this patient's pathology report, the findings showed the probable development of the cancer to a Stage IV incurable state--if something was not done to prevent it. The key findings stated in that Kaiser Permanente pathology report included:
Tumor extension into perinephric tissue (beyond renal Capsule) and into major veins (renal vein or its segmental (muscle containing) branches, inferior vena cava)
Histoloic Grade (Fuhrman Nuclear Grade). G3: Nuclei very irregular, approximately 20.5m; nucleoli large and prominent Microscopic Tumor Extension: [Fast growing.]
Lymph-Vascular Invasion: Present.
Patholic Staging (pTNM). Primary Tumor (pT) pT3a: Tumor grossly extends into the renal vein or its segmental (muscle containing) branches, or tumor invades perirenal and/or renal sinus fat but not beyond Gerota’s fascia.
Regional Lymph Nodes (pN). pN1: Metastasis in regional lymph node(s).
Pattern of Denying Standard Cancer Care
Using Sham Medical Arguments
Contrast agent too toxic. Standard post-nephrectomy CT scans to promptly detect and treat cancer metastasis won’t be done because of danger from contrast agent in CT scans. Dr. Michael Russin. [Thousands of CT scans are done yearly on people with only one kidney, mostly with reduced amount of contrast agent or no contrast agent.]
Toxic effects of curative or remission enabling cancer drugs are too great. Next Kaiser oncologist: The side effects from cancer drugs are too great, so no CT scans will be done until cancer patient experiences positive symptoms from spreading cancer.. (Kaiser oncologist Aram Canin, 11-2-11) [Billions of dollars a year are spent for such drugs, resulting in eithe4r cures or extended life.]
Cancer drugs do not extend like, so no cancer testing will be done. Third Kaiser oncologist at Kaiser Permanente Oakland, CA facility stated cancer drugs do not extend life and that nothing will be done until the cancer victim experiences positive signs of the spreading cancer (which in many cases will not occur until the curative or remissive effects of cancer drugs have passed and shortly before death from cancer—the palliative stage limited to reducing end-stage cancer pain). (Kaiser Oakland oncologist Jeanette Cu Yu, 11-10-11)
Universally Recognized Kidney Cancer Treatment (Except by These Rogue Kaiser oncologists!)
Thousands of CT scans are done yearly to post-nephrectomy cancer patients; (my kidney functions normally and is at low risk) and CT scans can be done with reduced strength contrast; or no contrast; or with the infusion of, or tablet form of N-Acetylcysteine. Defies and contradicts the standard universally accepted cancer-treatment care.
Periodic CT-scans, usually starting at six months after nephrectomy, and continuing at six-month intervals for as long as five years, is widely recommended, including at such sites as NCCN and NCCI. (Copies of such citations will be made available if requested.)
The cancer patient is denied the choice of whether to accept the alleged risks.
Delaying testing or treatment the cancer patient experiences positive symptoms of the spreading cancer defies medically accepted practices:
Spreading cancer is often without symptoms until shortly before the end of life, where the only “treatment” is relieving the pain of the far-advanced cancer.
The value of cancer drugs as curative or remissive help is in the early stage of the metastasis and not when full blown.
It is a medical outrage, and fraud, to deny the beneficial effects of cancer drugs on the bizarre argument (and implication) that premature death is preferable over the possible side effects of cancer drugs, or the argument that cancer drugs do not extend the life of cancer victims.
The flat-out statement by Dr. Yu that cancer drugs do not extend life is preposterous, and made in an examination room with posters promoting participation in clinical trial, and making reference to NCCN organizations that promote the early and periodic CT scans; the importance of early detection (and not at the palliative end stage!); where billions of dollars are spent on cancer drugs—and then to have them denied on sham excuses.
Defrauding the federal government, and the Medicare enrollee, by denying standard and universally recognized care.
Decreeing denial of a potential cure, or additional possible years of life, and a definite and premature death (which the physicians denying the cancer care enjoy the extra profit from the reduction of costs associated with the denial of cancer care.
End-of-year bonus for Kaiser Permanente physicians result from reduction in the cost of ordered treatment from the amount of money allocated at the beginning of the year. There are three sections to the Kaiser Permanente organization: The not-for-profit Kaiser Foundation Hospitals and the Kaiser Foundation Health Plan, Inc. The physicians are in a for-profit group known as the Permanente Medical Groups.
By denying standard and universally recognized cancer care, Kaiser Permanente physicians violate the contract with the members, and where the member is enrolled under a Medicare program, the fraud is also against the federal government. Also, the cancer victim often suffers excruciating pain from the advancing cancer that could have been avoided, and the patient usually dies years before he or she would have.
More Details on Above Matters
In this example, tests were withheld for over a year for symptoms that demanded tests. The third Kaiser Permanente primary care physician finally admitted to the patient that it was Kaiser Permanente policy not to order tests for someone of his age. (He was very active in investigative work, modestly physically active, and had no other significant medical condition.) The symptoms included huge swelling of the legs due to fluid retention; pain over the right kidney where he had a major kidney cyst rupture several years earlier; fatigue; abdominal discomfort; and periodic diarrhea or constipation.
Denied one of the most basic tests, he reported the symptoms to an out-of-plan physician, who promptly ordered a CT scan. The results shows advance State III kidney cancer involving the right kidney and lymph node. He presented the CT test results to Kaiser physicians, and encountered refusal to do anything, being told to let the cancer spread.
He finally forced Kaiser Permanente physicians to belatedly provide surgery for the Stage III kidney cancer that an out-of-plan physician had discovered through a CT scan that Kaiser would not do. Kaiser physicians admitted that these were not done on medical plan members his age. (He was very active in investigative work and writings, and modestly physically active, without any significant medical conditions). Following the removal of the right kidney and related lymph node, the pathology report showed non-clear-cell papillary renal cell cancer, Fuhrman grade G3, and primary tumor pT3a, with extension into the renal vein.
After several months, he asked a senior Kaiser oncologist in the Walnut Creek Kaiser Permanente facilities, Dr. Michael P. Russin, when the standard blood tests and CT or other scans would occur. The prior withholding of standard cancer care again surfaced. Using the sham argument that the contrast material used in CT scans presented too great a risk for anyone with only one (healthy) kidney, the scans would not be done and the plan was to do nothing until he experienced positive symptoms of the spreading cancer.
With the aggressive kidney cancer cells shown by the pathology report, and with cancer frequently not showing symptoms until near death, there would be no need for the either curative or remission effects of the available cancer drugs and other standards treatments.
He then went to another senior oncologist at that facility, Dr. Aram Roy Canin (Nov. 2, 2011). and could tell as soon as the physician entered the room that he would be hostile. The physician's approach was also to deny the standard blood tests and CT scans, arguing that cancer drugs provided such severe side effects that neither the CT scans or cancer drugs would be used. Instead, the cancer stricken Kaiser Permanente member would wait until he experienced positive symptoms from the advancing cancer. Dr. Canin falsely stated that approach was the recommendation of NCCN/NCCI, known for their recognized cancer treatment guidelines. The cancer patient told him that he have those recommendations (and many more), and they strongly said the very opposite. Not a single source stated to do nothing after nephrectomy until the patient experienced symptoms.
When the cancer patient explained he didn't want to argue the merits, but simply wanted the physician to state his plan of treatment—which would have admitted that the standard blood tests and CT scans would not he done, the physician angrily uttered something and stomped out of the room, leaving the cancer patient again facing the perils of advancing cancer with a oncology group at Kaiser Permanente as his adversary. Doctors Canin and Russin were dictating the early death from kidney cancer that could have been either cured, or put into remission.
The cancer patient then went to a Kaiser Permanente oncologist in the Oakland, CA facility. She used the excuse to deny CT scans by stating that cancer drugs did not extend life. On the walls of the examining room were posters urging cancer patients to enroll in clinical trials using drugs, and also reference to one site one major cancer site that stated the urgency of periodic CT scans and blood tests.
Sampling of Related Communications
Concerning Premature Death Tactics
Sampling of letters/faxes relating to series of deceptions and lies used to withhold contractual cancer care to senior citizen sent by a HMO member with advance stage of kidney cancer—who was also the caregiver for a woman diagnosed four years earlier with Stage IV esophagus cancer (but fortunately, she was not a member of the HMO Kaiser corporation health plan corporation)!
November 11, 2011, to Kaiser Permanente Health Plan Corporation.
November 14, 2011, to Kaiser Permanente Health Plan Corporation.
December 6, 2011, to Kaiser Permanente Health Plan Corporation.
December 8, 2011, to Kaiser Permanente Health Plan Corporation.
Kaiser Physician's Blood Money
Despite their claims, there are profits at Kaiser Permanente by denying tests and treatment. Kaiser Permanente physicians receive 50% of every dollar collected from patients and the government that are not spent on care, salaries and administrative expenses. Huge profits are split with the physician partners. Every costly test, such as CT scans, and every treatment ordered by a Kaiser physician, reduces the physicians' profits. For many Kaiser physicians, this factor does not affect their medical responsibilities. But for others, especially in the care of cancer seniors, and this was discovered by this writer in the Walnuts Creek facilities, it is profits through denial of care versus early deaths by untreated caners. Numerous letters and faxes were sent to the executives of for-profit parent organization, Kaiser Permanente were ignored. They stood to profit from bonuses by reducing the costs in the underlying not-for-profit Kaiser Health Plan and Kaiser Hospitals.
Kaiser Physician's Bonus Compensation Plan
The Kaiser Permanente physicians operate under a capitated group plan in which any money saved by not providing medical care results in an extra bonus for the physicians. In addition to deliberate medical malpractice, this conduct arguably constitutes a criminal offense by refusing to provide the care under them contract with the federal government and withholding the contracted care with the medical plan enrollee: me.
The cancer patient denied urgently needed cancer care had been the caregiver for a woman who was diagnosed in early 2008 with Stage IV esophagus cancer. Fortunately, she was not member of Kaiser. If she had been, she probably would have experienced the same denial of cancer care as this Kaiser Permanente cancer victim was encountering. She would have first be told, when reporting difficulty in swallowing, that tests were not done at her age. Then, after she obtained the diagnosis of Stage IV esophagus cancer from an out-of-plan physician, she would have been told to do nothing, giving up the chance of remission and insuring an early death.
The Kaiser group includes the Kaiser Foundation Hospitals, the Kaiser Foundation Health Plan and the Permanente Medical Group. The group comprised of physicals have a capitated compensation plan in which a given amount of funds are allocated by the parent corporation and at the end of the year, when the cost of the care ordered by the physicians is less than the money allocated, the physicians receive a bonus in addition to their salary.
Any care withheld, such as in kidney cancer with its more expensive kidney cancer drugs, ends up as profit for the physicians. In other fee-for-service medical service, there is not the incentive for withholding care. Most physicians would not change their concern for patients' health on this matter, but as experienced in this one example stated here, there are all types of morality among physicians.
Kaiser Physicians Profit from
Denial of Costly Medical Treatment
The for-profit capitated physician plan may be the motive for denying life-or-death care for health plan members with costly care requirements. Physician receive a bonus at the end of the year if the treatment they order cost less than the amount allocated by the health plan. Kaiser physicians' capitated type of financial contracts that probably motivates the denial of costly treatment.
Medical care at the Kaiser Permanente group involves three separate corporate entities
Kaiser Foundation Health Plan. Non-profit corporation.
Kaiser Foundation Hospitals, Inc. Non-profit corporation.
The Permanente Medical Group, a for-profit group of Kaiser physicians.
In Northern California and Southern California, the for-profit parent corporation—Kaiser Permanente—have Kaiser physicians as employees and partners that share in any profit that is the difference between the fees collected from enrollees, including such government payments as from senior Medicare, and the cost of the services.
The denial of diagnostic tests to the patient referred to in this report helped in a small way to boost the profits and benefit the physicians. The repeated attempts to deny expensive surgery would be a major cost saving and profit generation.
While it probably won't save a senior from cancer sufferings and early death from the death-decree some experienced at Kaiser, there are law firms that can at least cause minor financial inconvenience for Kaiser physicians and the for-profit corporation. One such firm advertises at Kaiser Medical Malpractice website and resource page.
And if the offense is worse then medical malpractice--the repeated denial of care, knowing that the cancer will spread, the offense possibly enters the criminal area.
Simultaneous Struggle Arranging Repeated Hospital
And Other Cancer Care for Pain-Racked
18-Year Companion While Fighting
Rogue Kaiser Physicians
While engaging in combat against the treatment frauds by Kaiser physicians, this writer was in the fourth year of an exhaustive caregiver role for his companion of 18 years, Glenda, with frequent hospital trips, sometimes in the middle of the night. By the end of 2011, the papers consisting of complaints, appeals, and efforts to get help from government and non-government (donation-seeking) groups filled a legal size box. All in vain!
A pathetic sight. Two senior citizens, stricken by cancer, gravely affected by the culture at this facility, known to top management. Throughout this entire period, these Kaiser Permanente Health Plan physicians knew that the patient was under considerable stress caring for a Stage IV esophagus cancer victim, Glenda, who had undergone major cancer emergencies, including closing of esophagus, installation of a stomach feeding tube, numerous trips to hospital emergency rooms. The added stress repeatedly inflicted by the Kaiser Permanente personnel were creating compound emergencies.
Glenda was also a pilot, including while suffering grief from her recent death on February 1, 2012. See the sordid conduct of certain physicians at this for-profit groups of Kaiser physicians, the culture responsible for an unknown number of preventable deaths outside of the 30,000 reported preventable deaths every year in hospitals.
Conspiracy Theorists Could Have a Field Day
This writer has been the head of a coalition of former government agents, professionals, that for the past 40 years had been exposing corruption in key government positions and the resulting national tragedies. Among the revealing Internet sites that were exposing powerful people in government was www.defraudingamerica.com.
Reversal of Denial of Cancer Treatment After
Six Months of Complaints, Appeals—
And Internet Publicity—
by Courageous Kaiser Oncologist
In December 2011, after six months of fighting the denial of universally recognized cancer treatment by the three Kaiser oncologists and the chief physician in charge, Kaiser surgeon Dr. Raymond Rosenbaum stated he would order the standard CT test in December. This function was then carried out by Kaiser oncologist Dr. Douglas Kaufman, who admitted that the tests should have been started three months earlier. These were courageous decisions that reveal the misconduct by the Physician in Chief in that Walnut Creek facility and by three Kaiser oncologists.
Dr. Kaufman show one of the many guidelines calling for tests to begin at three months after surgery when the kidney lymph node was also cancerous, and starting at six months and every six months after surgery there would be blood tests and CT scans. After a long six month battle, universally recognized cancer treatment was finally achieved (unless treatment is denied when the tests show cancer spread).
Whether the tests will be followed with costly kidney cancer drugs is yet to be seen.
During this long battle, Stich was arranging for continual cancer treatment and emergency hospital stays for his other half, and copilot, Glenda. No one should be subjected to this abuse!
Arrogance and Denial of Medical Treatment Continued
Into 2012, During Grief Over Glenda's Recent Death
During December 2011 and January 2012, this writer was suffering increasingly from the leg muscle problems that had existed for several years. Because of the round-the-clock caring for Glenda as she went from hospital to hospital, and other medical facilitates, this writer had no time to seek another Kaiser physician seeking treatment.
Finally, several days after the funeral services for Glenda, I made arrangements for change of primary care physicians to Dr. Charles C. Fang. An office appointment was made for February 14, 2012 for Dr. Fang at the Walnut Creek main facilities.
Several days after the funeral services, this writer had an appointment with Kaiser p9rimary care physician Dr. Charles C. Fang (Walnut Creek, CA Kaiser Permanente) seeking relief from increasing pain n them legs and imminent need for a wheelchair due to walking difficulty.
Like a common street thug, Fang barged into the examining room, refused to listen to the symptoms and barged out of the door, all within 30 seconds. He was the designated primary care physician.
In pain, still in grief over Glenda's very painful death, and facing a literal thug-like medical provider, the future became even more bleak. At the age of 88, without my "caregiver," Glenda, and unable to find suitable other medical insurance due to the existing cancer and leg problems, their seemed no where to turn. Certainly not to the California or federal healthcare regulators, or the many cancer groups that continually seek public financial donations, none of whom provided any help in the past!
Replacing Universally Recognized Compassion and Care
With Thug-Like Hatred!
As Dr. Fang entered the examining room, he was offered talking points that listed the new symptoms that were affecting the ability to walk, including pain and additional symptoms. Fang was ready for combat the moment his foot entered the room. He refused to discuss the new symptoms, and angrily stated he examined the record, that Dr. Unger knew more about medicine than he did, and rushed out the door, having stayed only about 30 seconds. (Talking points of February 14, 2012, stating the symptoms, the pain, and the need for medical relief that Dr. Fang arrogantly ignored. (pdf file)
A similar reaction was displayed two months earlier by Kaiser oncologist Dr. Aram Canin, who stated that he would not order any of the universally recognized post nephrectomy cancer treatment, which amounted to a death edict. He angrily rushed out of the office when this writer stated that his denial of cancer treatment was contrary to the universally recognized post-nephrectomy treatment.
People with cancer have serious medical problems facing them, and depression; it is a scary time. They need competent and caring doctors. Many cancer victims find a cancer diagnosis difficult to cope with, and go into stages of depression. Many groups are formed for the sole purpose of providing counseling to cancer victims.
And this is the care that major caner centers stress, totally foreign to the rogue group of Kaiser physicians that this writer encountered during his time of need.
The Enormous Pain and Suffering That Accompanies
Cancer Compounds the Criminality of
Rogue Kaiser Physicians
Most people nearing death from cancer, or their caregivers, learn about the months or years of pain and suffering that comes with most cancer. This writer saw and was part of the endless pain and suffering that Glenda experienced during the four years of fighting esophagus cancer. It is criminal for any physician to act in any way that deprives a cancer victim of the recognized care.
Thousands of Deaths Yearly Due to Medical "Errors"—
Or Deliberate Physician Misconduct
Some studies state that over 200,000 people die a year in the United States due to medical malpractice. It is reportedly the third leading cause of death in the United States. One study broke down the deaths as follows:
20,000 people die each year due to other types of errors in hospitals.
7,000 people die each year due to medication errors in hospitals
80,000 people die each year from nosocomial infections in hospitals
106,000 people die each year from adverse reactions to medications
Another site stated that accidental deaths caused by physicians average about 120,000 a year.
One Internet site stated: Doctors Are the Third Leading Cause of Death in the U.S. and cause 250,000 Deaths Every Year. Those statistics were obtained from an article in the Journal of the American Medical Association (JAMA) by Dr. Starfield. It is unknown if these figures include the deaths caused by denial of treatment, as in this example.
Horror stories about medical personnel misconduct are detailed in the book, Congress and Other Cesspools. This matter will be added.
Phony Quality Performance Ratings
Given to Kaiser Permanente
Like the ratings given to Wall Street firms preceding the financial debacles starting in 2008, healthcare evaluators/raters cover up for Kaiser Permanente serious problems by issuing high performance ratings, similar to the ratings given by the nation's credit rating agencies (Standard and Poor's, Moody's, Fitch;) to the obvious financial papers and financial corporations responsible for the housing and financial crisis that continues to inflict such great harm upon the people of the United States and the nation. Further, Kaiser Permanente spend multi-million dollars every year advertising itself and boosting its high quality culture.
Relative Freedom From Being Sued Encourages
Deadly Misconduct by Rogue Kaiser Physicians
Because of the law in California, medical misconduct lawsuits are relatively rare because of the restrictions and limits placed on medical malpractice lawsuits..
Medical malpractice involves professional negligence or misconduct. That could be by a health care provider when it deviates from accepted standards of practice in the medical community, as in the this matter, and causes injury or death to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Here are a few examples of medical malpractice:
A delay in treatment which results in harm to a patient.
Failure to treat.
Failure by the health-care provider to perform appropriate follow-up treatment.
A plaintiff must establish four elements of the tort of negligence for a successful medical malpractice claim.
A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
A duty was breached: the provider failed to conform to the relevant standard care.
The breach caused an injury: The breach of duty was a proximate cause of the injury.
Damages: Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damages can occur without negligence, for example, when someone dies from a fatal disease.
However, deliberate misconduct, as in the above case, does not require arbitration, and can proceed in court.
Another Self-Protecting Tactic at Kaiser
To enroll in a Kaiser health plan, Kaiser protects itself against medical malpractice and negligence, unlike private doctors and hospitals, that requires that the enrollee sign a waiver preventing the enrollee from suing Kaiser and submitting any malpractice or deliberate withholding of medical care to arbitration. They require medical plan members to sign arbitration agreements, denying members the right to seek legal action in court.
Kaiser abused this system, protecting themselves from liability for their wrongful acts, while denying their victims their day in court. Their abuse of enrollees' rights were partly reduced by the formation of a semi-independent administrator. That administrator provides the attorney for Kaiser, and the attorney for the plaintiff with a list of 12 names. The decision arbitrator's decision is binding and not subject to any appeal process.
While the patient that has been subjected to intentional withholding of treatment that they know will result in cancer spreading, or death, is not helped, heirs can file lawsuits outside of the arbitration limitations, and include punitive damages.
Los Angeles Times article (June 30, 2003):
Six years ago, the California Supreme Court ruled that Kaiser Foundation Health Plan's system for arbitrating legal disputes was poorly regulated, prone to long delays and generally stacked against the best interests of Kaiser's members.
The court's harshly worded decision came in the landmark case of Wilfredo Engalla, a 51-year-old Filipino immigrant who claimed in a malpractice lawsuit that Kaiser doctors misdiagnosed him with colds and allergies for years before finally informing him he had terminal lung cancer.
Sampling of Articles on HMO
Denial of Medical Treatment
The following describes the pattern of Kaiser Health Plan corporate physicians denying standard treatment for which payment was made under a Medicare contract, causing an early-stage easily curable kidney cancer to progress to a highly probable incurable form, and then to deny the standard, universally recognized cancer treatment, using a series of sham arguments to support their sordid and deadly misconduct. The sometimes deadly consequences become a crime scene as contracted medical care is withheld, resulting in early death, while the withholding physician group enjoy larger end-of-year bonuses under their capitated compensation plan.
Series of articles addressing culture of HMO denial of treatment, sometimes with fatal consequences.
Dangerous ethics in HMO type medical plans described in report to Congress.
Serious HMO problems and responsibilities in article by Dr. Richard C. Hall, University8 of Florida
Sham Nature of Appeal to Medicare for Denial Of
Nationally Recognized Cancer Treatment
Like most other federal regulatory groups, the improper or even corrupt withholding of life-affecting universally accepted medical care under the flat-fee HMO Medicare policies is aided and abetted by the regulatory agency personnel paid to provide relief. This is standard aiding and abetting as found in other regulatory agencies, such as seen in the Wall Street scandals, the Housing mess, the aviation safety agency, and others. The consequences are in money lost, homes lost, deaths in otherwise preventable aviation disasters, or deaths by denial of standard universally recognized care.
In denial of health care such as cancer treatment, a Medicare HMO policy for which the Health plan is paid a specific financial amount for providing coverage can easily withhold costly cancer treatment using sham and medically irresponsible arguments. The primary so-called appeal rights is to file an appeal with Maximum Federal Service, which is empowered to review and decide if the health plan was improperly withholding care under the Medicare HMO plan. This problem is unlikely to occur in a few-for-service Medicare plan.
In one example, the first indication that the appeal procedure was a sham became obvious when the Medicare HMO recipient was blocked from seeing the argument presented by the health plan to justify their refusal to provide cancer care. The HMO health plan corporation can openly lie in response to the complaint, and the person filing the complaint is unaware of the false statements and cannot respond to them. Nor could an honest Maximus panel reach a honest decision under these conditions.
The final decision by the Maximum group can easily omit the key reasons for the complaint, and by legal trickery aid and abet the powerful HMO health care corporation. In the appeal number, 1-847801106, the request to obtain an out of Kaiser cancer treatment referral was based upon the following:
The series of Kaiser health plan oncologists that absolutely refused to provide the standard and universally accepted periodic blood tests and CT scans for prompt detection of the spreading cancer. Instead, these oncologists refuse to even consider any "treatment" until. the cancer patient personally experiences symptoms of the spreading cancer.
Since cancer is often asymptomatic until it has spread, become firmly embedded, and beyond the curative or remission stage, the HMO avoids the costly cancer drugs and other treatment, especially in such cancers as kidney cancers where the drugs hare not been replaced by generics and the cost is sky high.
The Medicare cancer patient is knowingly deprived of life-saving curative or remission effects by profit-oriented HMO physician groups, and a death sentence is decreed. Yet, the regulators ignore all this and deny the appeal, similar to what is common in regulators overseeing the Wall Street firms, aviation safety, and a host of other scandal-riddled areas.
In the November 14, 2011, decision, Maximus Project Director Janice Eidem denied the Medicare cancer patient's request for an out-of-plan treatment determination, claiming that treatment decisions were available within the plan. She and the Maximum group ignored the fact that a group of rogue oncologists were refusing to provide the standard and universally recognized treatment, and using sham and medically ridiculous arguments for their cost-saving denial of cancer treatment. Fax of November 27, 2011, protesting Maximus complicity with Kaiser corporation.
In this way, regulators aid and abet the death decree to HMO Medicare patients, and the aiding, weakened, and often time elderly cancer victims have no where to turn. Although the cancer patient can file a further with an Administrative Law Judge, the cost and time consumed is usually beyond the ability of the suffering and often senior Medicare patient.
Further, even when the HMO Kaiser corporation refused to recognize denial of care complaints. thereby nullifying the Medicare appear process, the Maximum group refused to respond.
Sampling of deception and lies used to withhold mandatory contractual medical care to kidney cancer patient by Kaiser Permanente physicians and management, as stated in a December 8, 2011, fax; and sampling (December 12, 2011) of the deceptive decisions by Medicare's appeal group, Maximus Federal Services, showing their complicity. One of several notices to U.S. Department of Health and Human Services making the controlling agency aware of the pattern of criminal misconduct.
The remedy under Medicare for denial of government-paid health care is through a Medicare designated group. The appeal procedures are grossly unsuited for r3ecognized appeal process. Medicare appeals sided with the Kaiser oncologists, and every other cancer group (soliciting for donations) that had been made aware of these medical atrocities—as in the Penn State scandal and countless others—did nothing after being informed
Appeal papers sent to Maximus Federal Services (Appeal source for denial health care under Medicare (FAX 1-585-425-5292. In response to the Medicare fraud, the denial of recognized cancer care, and the literal death sentence, the letter of denial (Nov. 16, 2011) by the Medicare Project Director, Janice Eidem, without any explanation, denial the appeal. That practice was in line with the conduct of other government regulators in the Wall Street and endless series of other frauds.
Kaiser Permanente Doctor Sues Kaiser for
Denying Medical Care to Thousands
KPCC, Los Angeles, Oct. 8, 2010 | Patricia Nazario
A former Kaiser Permanente doctor is suing the health care provider. He claims the non-profit organization denies adequate care to thousands of chronically-ill patients to save money. At issue is Kaiser Permanente’s Special Needs population. It’s a group of about 60,000 people, mainly in California. Some are chronically ill children and adults, most are seniors. All are covered by Medicaid/Medi-Cal.
“And Kaiser has what are called Special Needs Plans in which these members belong," said Dr. Richard Della Penna. Della Penna worked for Kaiser Permanente for 23 years and coordinated national programs for the health plan’s special-needs population. The doctor says there were never any written internal directives, but he says there was a general consensus to provide minimal care to about 95 percent of the patient pool to save money. Della Penna says when he spoke out on behalf of his patients he was forced to an early retirement. “As a result of my advocacy for geriatrics, elder care, for the special needs population, for the people with advanced illness, I found myself being more and more marginalized.”
Della Penna’s lawsuit against Kaiser lists several claims, including retaliation against a physician for patient advocacy and violation of public policy.
Physicians not members of Kaiser Permanente, private and VA, have admitted to this writer that they see patients that have left Kaiser because of the denial of cancer t4reatment by Kaiser physicians.
Sampling of Kaiser Scandals Exposed by the Media
Many physicians in the Kaiser health plans are competent and caring of their patients. Many features at the HMO are excellent and medical advancements. But as in any other group, there are rogue individual that perform in an incompetent or even corrupt manner. And the cowardice, or fear of retaliation, by others, keep them from speaking out. And health regulators are often as incompetent or protective of the people they are paid to supervise keep the misfits in position.
From the Los Angeles Times: February 27th, 2007
State lists worst hospitals for care of pneumonia — Five Kaiser facilities have among the highest mortality rates.
By Francisco Vara-Orta, Times Staff Writer Five Kaiser Permanente hospitals were among the 28 institutions with the worst hospitals for care of pneumonia.
Five Kaiser Permanente hospitals were among the 28 institutions with the highest death rates in California for patients with pneumonia, according to a state report to be released today. The Kaiser hospitals in Sacramento, South Sacramento, Panorama City, Riverside and Roseville all had higher than average mortality rates between 2002 and 2004, said the California Office of Statewide Health Planning and Development.
Sacramento Bee: Case now includes accusations by 13 female patients. By Christina Jewett — Bee Staff Writer
The former Kaiser plastic surgeon charged in June with sexually exploiting a patient now faces charges of sexual misconduct toward 13 patients, according to an updated criminal complaint. Dr. Scott Takasugi is alleged to have unnecessarily touched and photographed women’s genitalia when they sought his care for unrelated surgeries since 1996. The charges filed Friday in Sacramento Superior Court significantly change the case, which initially accused Takasugi of eight weapon violations and two counts of sexual exploitation against one woman. The Carmichael surgeon is now charged with 18 counts of sexual exploitation, including 15 felony counts of sexual penetration. Three weapon charges remain in the criminal complaint. http://www.kaiserthrive.org/2006/08/15/new-sexual-misconduct-charges-against-kaiser-surgeon.
Sacramento Bee: July 3rd, 2006
By Mareva Brown — Bee Staff Writer. Six more patients of a Kaiser Permanente plastic surgeon have filed civil cases alleging he sexually assaulted and exploited them by improperly touching them and photographing them nude under the guise of medical care.
Multiple Deaths in Dialysis Section
Many deaths from dialysis, including drugs to advance the availability of organ transplants. Details at http://www.lawyersandsettlements.com/articles/drugs-medical/Kaiser_Permanente-00274.html.
Hastening the Death for Organ Removal
From KTVU.com: (July 30, 2007)
LOS ANGELES — A surgeon with close ties to the Bay Area was charged Monday with prescribing excessive drugs to a comatose, disabled patient to hasten his death and harvest his organs for transplantation. (Google this for more information.)
Could There Be a Sinister Reason for Wanting To
Bring About an Early Death?
That senior citizen is nationally known for his 40 years of exposing grave misconduct involving key people in the government of the United States and the great harm, sometimes deaths, and sometimes catastrophic events, caused or enabled by the documented misconduct that he and his coalition of concerned former government agents had discovered during their professional duties.
One of his Internet sites is www.defraudingamerica.com. A list of his books are at www.defraudingamerica.com/list_of_books.
Were it not for the standard do-nothing conduct of California and federal health care regulators, the deep-seated deadly culture adversely affecting the lives and the deaths of the most senior and vulnerable members of this group would be front page headlines.
This page and related links provides facts on serious and deadly problems with denial of universally recognized basic care by several Kaiser Permanente physicians, primarily where costly routine care, such as for cancer, is involved, and effects the year-end profit under the capitated for-profit arrangement for Kaiser Permanente physicians. It is reported that approximately 200,000 people die each year from medical malpractice, including denial of medical care.
Google Search for Medical Horror Stories
Kaiser Permanente Medical Group
The following are a small sampling of the many reports found by a Google search under the search words, "Kaiser Health Plan malpractice" or Kaiser Permanente malpractice.
Kaiser's disappearing evidence: http://www.kaiserthrive.org/2006/09/13/yet-another-case-of-disappearing-evidence/
http://www.kaiserthrive.org/kaiser-permanente-horror-stories/kaiser-malpractice-tragedies/ (Kaiser malpractice tragedies.)
http://www.library.ca.gov/crb/97/notes/V4n5.pdf (Court case denying arbitration requirement.)
http://legalstuff.kaiserpapers.org/texaslawsuits.html (Texas court case against Kaiser.)
Kaiser Whistleblower: http://www.defraudingamerica.com/kaiser_whistleblowers.hml.
The book, Making a Killing, addresses the withholding of medical care, especially seniors. Excerpt from Chapter Two..
Blog site relating to Kaiser Permanente Health Plan..
Kaiser making a killing.
Cancer treatment outrages.
Complaint by one cancer victim.
Medical cancer treatment aberrations at Kaiser.
Kaiser physicians' profits versus denial of patient care.
Army of Lawyers and Law Firms
Fueled by Victims of Kaiser's Medical Misconduct
Denial of universally accepted medical care, incompetence, by certain Kaiser Permanente physicians fuels armies of lawyers. The following are sampling of Internet sites for lawyers that have filed malpractice lawsuits against Kaiser doctors or the Kaiser allegedly not-for-profit health plan or hospital groups, and the for-profit Kaiser Permanente parent corporation.
http://www.whavins.com/malprac.htm. Details of arbitration law in California, excluding deliberate misconduct or criminal acts.
http://law.justia.com/cases/california/calapp3d/99/560.html (Sample of one case law.)
http://lawyerus.blogspot.com/2011/05/california-medical-malpractice-lawyers.html (San Francisco)
http://medicalmalpracticeattorneyoakland.com/category/uncategorized/ (California medical malpractice law.)
State investigation of Kaiser misconduct. http://www.kaiserthrive.org/2007/06/15/fines-expected-in-dmhc-investigation-into-kaisers-handling-of-consumer-complaints/.
Group addressing practice of denying medical care to Medicare members. http://www.medicareadvocacy.org/medicare-info/improvement-standard-2/
Putting Kaiser Permanente into a Google search engine reveals an endless series of deaths caused by denial of medical treatment. Further problems at that HMO are revealed in the book, Making a Killing-HMOs and the Threat to Your Health.
Sampling of Cancer Treatment Sites
Relating to Kidney Cancer
The following sites describe in detail the standard universally recognized kidney cancer treatment, each of which were withheld by oncologists at the Kaiser Permanente HMO medical plan, who refused to provide any treatment, using sham and medically-ridiculous reasons for decreeing a premature death.
available in various online pharmacies can be adopted to get back the normal sexual health once more at any age. Generic cialis
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