Lawsuit filed against deceased doctor

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By Ann McGlynn | Wednesday, August 13, 2008 6:02 AM CDT | () comments

A woman has filed a lawsuit against the estate of a Quad-City anesthesiologist who committed suicide in June, claiming he committed battery, negligence and treatment without consent while she was a patient at Genesis Medical Center.

Jeffrey K. Anderson, 47, of Bettendorf, was found dead by a housekeeper in a physician’s lounge at Genesis Medical Center, East Rusholme Street, Davenport, on June 10. His death came as hospital officials launched an investigation into an alleged Feb. 26 incident, documents say.

The lawsuit was filed June 12 in Scott County District Court, two days after Anderson’s death. Portions of the file that included the woman’s name were sealed by Judge James Kelley, citing a provision that allows such action if “mental health may be an issue in the litigation.” The entire file was mistakenly filed under seal until earlier this month.

The lawsuit also lists Genesis Health System and Anesthesia & Analgesia P.C. as defendants. Anderson was a shareholder and officer with Anesthesia & Analgesia, which has an exclusive contract with Genesis to provide anesthesia services for in-patients at Genesis, the lawsuit states.

Dorothy O’Brien, attorney for the woman, listed in court documents as Jane Doe, declined comment. Connie Alt, attorney for Anderson’s estate, declined comment. Richard Trinrud, attorney for Anesthesia & Analgesia, also declined comment.

Genesis spokesman Craig Cooper said the hospital first became aware of a complaint involving an anesthesiologist on June 5. Officials launched an investigation, which included scheduling meetings with the people involved.

Anderson was scheduled to meet with administration at 5 p.m. June 10, according to police reports generated as part of the investigation into Anderson’s death. He failed to show up for that meeting. Officials were attempting to reach him by phone and pager when the call for hospital personnel to help revive him went out, the documents say.

An intravenous injection of anesthesia caused Anderson’s death, his death certificate and police reports indicate.

“The anesthesiologist had been a valued member of the medical staff at Genesis since 2001, during which time he enjoyed a reputation as a caring and capable physician,” Cooper said in a statement. “There had been no previous complaints against him and nothing in his past to raise concern or suspicion.”

Records show Anderson previously worked in Kentucky and Indiana. The state licensure boards there have no complaints against him.

Cooper continued: “Genesis Health System is committed to the highest standards of patient care and safety. Those responsibilities to our patients are taken very seriously.”

He declined further comment, citing the pending litigation, “except to say that our hearts go out to those who are impacted by this tragic situation.”

The woman claims in the lawsuit that she received medical treatment at the East Rusholme Street campus from Anderson on Feb. 25 and 26. On Feb. 26, “Dr. Anderson subjected (the woman) to battery, medical negligence, medical battery and medical treatment without informed consent.”

Genesis, she said, had a duty to “ensure that she received proper medical care, was properly and safely cared for and did not receive any medications inappropriate for her condition or otherwise harmed while a patient at Genesis East.”

Anesthesia & Analgesia, she said, had a duty to ensure the services provided to her were “within the standard of care.”

The woman requested, along with the filing of the lawsuit, that blood be taken from Anderson’s body before embalming. “The sample of Dr. Anderson’s blood would be of great assistance in proving her case,” the request says, specifically noting DNA evidence.

Judge Kelley granted the request.

No police report was filed concerning the alleged Feb. 26 incident, said Capt. David Struckman of the Davenport Police Department.

Police did investigate Anderson’s death. They seized computer equipment from his home on the night he died, according to search warrants filed in Scott County District Court. An analysis of that equipment revealed three letters relevant to the investigation, documents state. Police declined a request for access to the letters and any other evidence collected in the case. The death investigation is now closed.

Kent Nebel, the attorney for the Iowa Board of Medicine, said the organization does not comment on whether doctors are under investigation.

A hearing date on the lawsuit is not yet set.

Ann McGlynn can be contacted at (563) 383-2336 or amcglynn@qctimes.com. Comment on this story at qctimes.com.