Maureen Pacheco, who checked into Florida’s Wellington Regional Medical Center in April 2016 with a few vertebra in her lower back fused together, was not consulted about the change of plans, according to court records. However, during the back surgery, surgeon Ramon Vazquez mistook a kidney for a cancerous tumor in Pacheco’s pelvis and cut it out, according to the
Palm Beach Post, citing a lawsuit that had been settled in September.
A pathologist at the hospital confirmed that the tumor was actually a pelvic kidney. Pelvic kidneys refer to organs that failed “to ascend to their normal position above the waist” during fetal development,” according to the
Ann & Robert H. Lurie Children’s Hospital of Chicago.
In addition to the $3,000 fine, Vasquez has also agreed to complete 3 hours of continuous medical edition which will tackle how to evaluate pre-operative spinal surgical patients, as well as five hours of risk management training, according to a court documents filed by the Florida Board of Medicine on Dec. 27.
In addition, Vasquez has agreed to perform a one-hour lecture regarding wrong-site surgery “to the entire medical staff of the hospital” where he maintains staff privileges and will pay the $4,817.90 in costs incurred by the Florida Department of Health while investigating and prosecuting the case.
Prior to reaching the final agreement, the Florida Board of Medicine initially rejected a settlement that carried only a $1,500 fine.
In a statement made by the surgeon’s attorney, Michael Burt, he said “Dr. Vazquez is an excellent surgeon who has been providing exemplary, often life-saving services in our community for many years. In this instance he, in collaboration with other members of the surgical team, exercised professional judgment.”
Vazquez’s attorney continued by saying that the lawsuit “was settled on his behalf for a nominal amount,” adding that his client did not “admit liability by agreeing to this settlement.”
This comes on the back of a conclusion arrived at according to a
health complaint filed by the Florida Health Department in December, the “unauthorized procedure” was “medically unnecessary” as it was “unrelated” to the lumbar fusion Pacheco was scheduled to receive that day.
The complaint also claimed that Vazquez made a “presumptive diagnosis” and did not perform a “biopsy of the mass…given the potential malignancy.”
According to the lawsuit, Vazquez — who had no prior record of discipline on file with the state’s Board of Medicine — was not consulted about the two MRIs that had been performed ahead of the procedure, in which the kidney could be clearly seen.
Vazquez however told the Florida Board of Medicine prior to agreeing to the final order, that while Pacheco’s test results were not available to him at the time of her surgery, he now makes sure he reviews all films of patients.
