A life-threatening discovery
Dr. Horowitz didn’t see the results of the blood work-up until returning to Maine a few days later, when he checked the online report. There was a highly elevated CRP level – 30 times above the normal limit – and elevated erythrocyte sedimentation rate and white blood cell counts. “This showed that there was an infective process going on. And it wasn’t just a localized process, it was in my bloodstream,” he said.
Alarmed by the elevated markers, he immediately went to his local hospital. “Not only did I have arthritis, but my spinal cord was compressed.” Urgent surgery was performed, including a C2-7 fusion. The mass in the back of his neck turned out to be an abscess.
His training and experience as a physician/neurologist saved him from further damage, he said. “Because the compression of the spine was at the C2, C3, C4 level, not only would I have become quadriplegic, but my diaphragm would likely have been paralyzed and I would have needed a ventilator.”
Following a month’s care in the hospital and a rehabilitation center, he wrote to the CEO of the California hospital where he received his initial care.
“I wrote about the incompetent exam, the missed infection, a discharge without information. I wrote all that out to the CEO and sent the letter registered so that he would receive it.” The CEO forwarded the letter to a patient risk manager, who interviewed staff and supervisors in the ED, radiology, and the spine program. They responded 3 months later. According to Dr. Horowitz, the spine supervisor said, “The consultant performed the exam to the best of his ability.” No one admitted to any errors in care or the lack of recognition of the infection, although the neuroradiologist did apologize for not allowing Dr. Horowitz to read his own MRI in a timely manner.
“They had promised to wheel a portable computer into my alcove so I could view the MRI.” Several hours later, after persistent complaints, he was given 1 minute to look over at least 300 images at a desktop computer in the crowded ED. They gave him the MRI images on a disk, but he wasn’t able to read it on his iMac computer.
According to Dr. Horowitz, the ED should have called in an infectious disease consultant and a neurologist or neurosurgeon to do a more complete neurologic exam. “Instead of discharging me, they should have admitted me, telling me that I had spinal cord compression, an infection, and a mass in my neck—that they don’t know what this is about, and I shouldn’t go home.”
Eventually, after long-term intravenous antibiotics and extensive physical therapy, Dr. Horowitz recovered. “I definitely had PTSD afterwards. How could a non-eventful bike ride result in an unrecognized threatening illness? I thought a healing opportunity for me and an educational opportunity for the medical staff and students at this medical center would be for me to present my case to them at a conference at their facility the next time I visited my daughter in California. I thought an experienced clinician discussing his own illness in his own specialty would be unique.”
The hospital ignored his offer.
By happenstance, a year and a half later, Dr. Horowitz made contact with a hospital administrator after hearing her speak during a TED Radio Hour in his car. “We had several telephone conversations and email correspondences in October and November 2019 but none since,” he said. In one email, she wrote that “hospitals don’t seem to know what to do with the opportunity you present. I don’t think the challenge is unique to [this institution]. A forum for these kinds of discussions – constructive, insightful patient feedback – does not exist.”
Dr. Horowitz hasn’t considered a malpractice lawsuit. “The only result would be a monetary reward based on damages. Since permanent clinical damage did not occur, the suit would have been time consuming and the reward limited. I was able to recover because I was able to review the blood work and recognize my own problem and get excellent care at my own local health care facility. I was really hoping the doctors at the California hospital would learn from this episode.”
Dr. Horowitz also wrote the Medical Board of California a detailed letter, citing relevant medical literature, guidelines on spinal care, and his test results. Nearly 2 years later, he finally got a response. The board said there was no “clear and convincing evidence that negligence took place.” In Dr. Horowitz’s opinion, “the fact that CRP was 30 times past normal is ‘clear and convincing evidence.’ That the consultant didn’t have a reflex hammer is also ‘clear and convincing evidence.’ That the clinical neurologic exam was incompetent, by any measure, is ‘clear and convincing evidence.’ Even the Medical Board, tasked with patient protection, didn’t recognize negligent medical care. They might have if I had become quadriplegic.”