NationStates Jolt Archive


The rest of the story: Doctor NOT sued for calling patient obese

The Cat-Tribe
03-09-2005, 16:52
Last week, this thread (http://forums.jolt.co.uk/showthread.php?t=440330&highlight=obese) reported the following:

Here's one for how crazy America is becoming with all this suing-mentality. A doctor calls his patient 'obese' and she is suing him because he tells her to lose some weight. What less offensive term is there when someone is beyond overweight?

http://msnbc.msn.com/id/9063638/

As you can imagine, there was much wailing and gnashing of teeth about the woman and the US legal system being ridiculous and how terrible it is that doctors face so many frivolous lawsuits. At the time I bit my tongue.

BUT, first look more closely at the original article:

1. The doctor was NOT being sued. Instead, a complaint had been filed against him and was being investigated -- first by the New Hampshire Board of Medicine and now by the State Attorney General.

2. The almost sole source of the information was the doctor himself, Dr. Terry Bennett.

NOW, the truth has come out:

Board: Alleged Racial, Not Obese, Comment Reason For Complaint (http://www.thewmurchannel.com/news/4916552/detail.html) :

A Rochester, N.H., doctor said that he's being punished for telling a patient she's too fat, but the state Board of Medicine said that it's taking action against him for a different reason.

In a seven-page report, the Board of Medicine said that it reviewed complaints from two of Dr. Terry Bennett's patients in recent years. One complained of racial overtones while another said he advocated suicide.

The most recent complaint was made in July 2004, when a patient visited Bennett with chest pains. The report said that Bennett cited gastric problems as the likely cause. Bennett told the unidentified woman she was too heavy and needed to lose weight.

Richard Head, of the attorney general's office, said that Bennett then made the comment that led to the report.

"'You need to lose weight,'" Head said, quoting the report. "'Let's face it, if your husband were to die tomorrow, who would want you? Well, men might want you but not the types of men that you would want. It might even be a black guy.' It's that racial undertone that triggered the investigation by the Board of Medicine."

The second complaint dates back to 2001.

"In that case, it was a patient that was being treated by Dr. Bennett for brain surgery," Head said. "In that case, the patient's complaint to the Board of Medicine was that the doctor told her she should purchase a pistol, which she could use to commit suicide as a means to put an end to her suffering."

Doctor accused of racial remark to fat patient (http://www.msnbc.msn.com/id/9135728/) :

The state is investigating a doctor accused of telling a patient she was so obese she might only be attractive to black men and advising another to shoot herself following brain surgery.

“Let’s face it, if your husband were to die tomorrow, who would want you?” the state Board of Medicine says Dr. Terry Bennett told the overweight patient in June 2004.

“Well, men might want you, but not the types you want to want you. Might even be a black guy,” it quoted him as saying, based on the woman’s complaint.

The board said it also is taking a second look at a 2001 allegation — deemed unfounded at the time — that Bennett told a woman recovering from brain surgery to buy a pistol and shoot herself to end her suffering.

Bennett made national news last week when the complaint from the obese woman became public without any mention of the racial comment. But Senior Assistant Attorney General Richard Head, who leads the state Consumer Protection and Antitrust Bureau, said Tuesday the woman complained about the racial remark, not about being lectured.

In a telephone interview Tuesday from Rochester, Bennett denied any wrongdoing and defended his message to her, saying he has read polls that say black men prefer overweight women.

...

Head said the 2001 complaint is being considered as part of a review of Bennett’s overall adherence to medical ethics. The state Consumer Protection and Antitrust Bureau investigates complaints against doctors, though the board decides how to act on them.

Head said privacy laws prevent him from disclosing the women’s names.

The board can fine, reprimand or suspend doctors. It also can revoke doctors’ licenses or require them to attend classes or treatment. A hearing is planned Dec. 7.

Earlier this year, Bennett rejected an effort by the board to resolve the latest complaint. The board wanted him to admit he had made a mistake and to attend a class on medical ethics, which he called “touchy-feely school.”

Bennett previously was cited by the board in 1995 when, as part of a settlement to avoid discipline, he admitted lying on his 1992 and 1993 medical license renewal applications about being denied hospital privileges. He was fined $1,000.

State investigates doctor accused of racial remark to obese woman (http://www.boston.com/news/local/new_hampshire/articles/2005/08/30/state_investigates_doctor_accused_of_racial_remark_to_obese_woman/):

"Bennett, who treated members of the bin Laden family while practicing in Saudi Arabia from 1974 to 1981, denied wrongdoing Tuesday."

Patient alleges Bennett's obesity advice included remark with racial overtones (http://www.citizen.com/apps/pbcs.dll/article?AID=/20050831/NEWS05/108310140/-1/CITIZEN)

The Board of Medicine is not investigating Dr. Terry Bennett solely because he told a female patient that she was obese and faced a dismal life if she didn't change, but because of an alleged racial comment the woman said he made to her during the visit, according to documents released Tuesday.

The woman — dubbed "Patient A" by the state and referred to as Helena (Susan) P. in documents Bennett previously provided to Foster's — alleges that on June 28, 2004, Bennett told her: "You need to lose weight. Let's fact it if your husband were to die tomorrow who would want you. Well, men might want you but not the types that you want to want you. Might even be a black guy."

Senior Assistant Attorney General Richard Head confirmed the complaint "very specifically is not about a patient who is only concerned about being told she is obese. ... Whether or not Dr. Bennett agrees that that was what was said, that was the complaint that was sent to the board and that was what triggered the request for the investigation."

In making public that a hearing will be held Dec. 7 at 1:30 p.m. in Concord, the state also disclosed the contents of an earlier complaint against Bennett in 2001 which he has said was found to be "without merit" and made by a "demented" patient.

The documents paraphrased what Bennett, 67, allegedly told the patient, dubbed "Patient S," who was suffering from the effects of brain surgery. "(Bennett) spoke to Patient S in an unprofessional manner suggesting that she purchase a pistol with which to commit suicide as a means of putting an end to her life," according to the state's documents.
Jah Bootie
03-09-2005, 16:57
These "wacky lawsuit" stories always end up being innaccurate. Of course, once the truth comes out everyone has moved on and nobody's agenda is much served by reporting the truth so most people will continue to believe that a doctor was sued for calling someone fat.
Utracia
03-09-2005, 16:58
Well if he did make such a racial comment then he needs a sound thrashing.
Aldranin
03-09-2005, 17:13
Hmmm. Well, just a few things I noticed...

"You need to lose weight. Let's fact it if your husband were to die tomorrow who would want you. Well, men might want you but not the types that you want to want you. Might even be a black guy."

"'You need to lose weight,'" Head said, quoting the report. "'Let's face it, if your husband were to die tomorrow, who would want you? Well, men might want you but not the types of men that you would want. It might even be a black guy.'

Which is it? I mean, sure, the differences are barely there, and apparently the first quote was quoted by people that can't type or edit papers, but when you quote something it's generally the exact same statement every time you quote it. Besides, maybe this was the tenth time he'd tried to convince the lady to lose weight. You can't really tell from the article. And I'm not exactly sure that being racist is illegal, so I don't understand why that alone would prompt an investigation. It seems somewhat likely that Bennett in fact knew his patient to be somewhat racist, and was simply giving extra incentive. "It might even be a black guy," isn't exactly a horribly extreme comment. It's not like he said, "It might be one of those dirty ******s."

Also, one quick thing:

"Bennett, who treated members of the bin Laden family while practicing in Saudi Arabia from 1974 to 1981, denied wrongdoing Tuesday."

A wierd statement to quote from that, and a wierd thing for an article to point out if it's trying to be objective. So what if he treated members of the bin Laden family? Most of the bin Laden family is not criminal, to my knowledge.

EDIT: It seems somewhat likely that Bennett in fact knew his patient to be somewhat racist, and was simply giving extra incentive. "It might even be a black guy," isn't exactly a horribly extreme comment. It's not like he said, "It might be one of those dirty ******s."
The Cat-Tribe
03-09-2005, 17:20
Hmmm. Well, just a few things I noticed...



Which is it? I mean, sure, the differences are barely there, and apparently the first quote was quoted by people that can't type or edit papers, but when you quote something it's generally the exact same statement every time you quote it. Besides, maybe this was the tenth time he'd tried to convince the lady to lose weight. You can't really tell from the article. And I'm not exactly sure that being racist is illegal, so I don't understand why that alone would prompt an investigation.

Also, one quick thing:



A wierd statement to quote from that, and a wierd thing for an article to point out if it's trying to be objective. So what if he treated members of the bin Laden family? Most of the bin Laden family is not criminal, to my knowledge.

1. Even minor discrepancies in the current reports are vastly more accurrate than the original round of reporting where the doctor was the source and he was lying about the basis of the complaint.

2. It is not illegal to be racist. Expounding your racism to a patient when they are not relevant certainly can be poor medical practice and a violation of medical ethics. Note, the investigation is going forward because the doctor refused to simply compromise and admit his error. Instead, he defends the comment (and lied about the complaint in press interviews last week).

3. The Bin Laden thing was an interesting aside. The rest of the article is more of the same. Much of the Bin Laden family is connected with and maintain friendly relations with Osama. Nonetheless, you did catch me in an attempt to tar by association. I apologize.
Jah Bootie
03-09-2005, 17:25
Hmmm. Well, just a few things I noticed...



Which is it? I mean, sure, the differences are barely there, and apparently the first quote was quoted by people that can't type or edit papers, but when you quote something it's generally the exact same statement every time you quote it. Besides, maybe this was the tenth time he'd tried to convince the lady to lose weight. You can't really tell from the article. And I'm not exactly sure that being racist is illegal, so I don't understand why that alone would prompt an investigation. It seems somewhat likely that Bennett in fact knew his patient to be somewhat racist, and was simply giving extra incentive. "It might even be a black guy," isn't exactly a horribly extreme comment. It's not like he said, "It might be one of those dirty ******s."

Also, one quick thing:



A wierd statement to quote from that, and a wierd thing for an article to point out if it's trying to be objective. So what if he treated members of the bin Laden family? Most of the bin Laden family is not criminal, to my knowledge.

EDIT: It seems somewhat likely that Bennett in fact knew his patient to be somewhat racist, and was simply giving extra incentive. "It might even be a black guy," isn't exactly a horribly extreme comment. It's not like he said, "It might be one of those dirty ******s."


There is a lot of speculation in this post. I have to wonder why this woman who was so racist reported a doctor to a disciplinary board for making racist comments.

Being racist isn't illegal, but I can imagine that it is grounds for a disciplinary proceeding. You might think that is wrong, and that's a valid stance to take for sure. But you have to admit that it's a far cry from the "DOCTOR SUED FOR DOING HIS JOB OMG KILL THE LAWYERS!!!" version of the story that was widely reported and which, frankly, most people will continue to believe.
Sdaeriji
03-09-2005, 17:26
A wierd statement to quote from that, and a wierd thing for an article to point out if it's trying to be objective. So what if he treated members of the bin Laden family? Most of the bin Laden family is not criminal, to my knowledge.

I would imagine not. I went to school with a member of the bin Laden family. It's just a way of villifying the doctor.
Aldranin
03-09-2005, 17:27
1. Even minor discrepancies in the current reports are vastly more accurrate than the original round of reporting where the doctor was the source and he was lying about the basis of the complaint.

Fair enough.

2. It is not illegal to be racist. Expounding your racism to a patient when they are not relevant certainly can be poor medical practice and a violation of medical ethics. Note, the investigation is going forward because the doctor refused to simply compromise and admit his error. Instead, he defends the comment (and lied about the complaint in press interviews last week).

He may feel that the comment was a fair one to make. I'd have to know more about the context and the patient to make a decision on that one. It sounds more like he's being stubborn, to me. Sounds like the arrogant, "are-you-morons-kidding-me?" type of doctor.

3. The Bin Laden thing was an interesting aside. The rest of the article is more of the same. Much of the Bin Laden family is connected with and maintain friendly relations with Osama. Nonetheless, you did catch me in an attempt to tar by association. I apologize.

No problem, I was more questioning the integrity of the article than you.
Aldranin
03-09-2005, 17:29
There is a lot of speculation in this post. I have to wonder why this woman who was so racist reported a doctor to a disciplinary board for making racist comments.

That's kind of what I was getting at. Perhaps she reported him because he got aggressive with her for being fat, and used the racist comment as grounds to get even. Just how it sounds to me, though.
Avika
03-09-2005, 17:47
This reminds me of the time a nurse my mother knows got fired when one of his patients threatened to sue the hospital for sexual misconduct. He was simply putting a tube up her...down there. She didn't complain until after she went home. I guess it was the family who wanted the hospital sued for the nurse doing his job and not the patient. Nonetheless, they use sticks when putting tubes up...down there. If it goes up the wrong opening, the nurse tries again before pulling out the one in the wrong place. Yep. It's either "sexual misconduct" or "malpractice leading to the death of the patient". The lawyers always win.
Jah Bootie
03-09-2005, 21:25
That's kind of what I was getting at. Perhaps she reported him because he got aggressive with her for being fat, and used the racist comment as grounds to get even. Just how it sounds to me, though.
Your assumption that this woman is racist is pretty speculative, considering that you know nothing about her.