Medical Board Accusation Leads to Surrender of Fresno Physician's Medical License.

Business Editors/Health/Medical Writers

SACRAMENTO, Calif.--(BUSINESS WIRE)--March 10, 2003

Facing a formal accusation of wrongdoing by the Medical Board of California, Fresno physician Richard H. Thorp, M.D. has surrendered his license to practice medicine. The stipulated surrender of his medical license was effective on March 5, 2003.

The Medical Board accused Thorp of unprofessional conduct for violating Business and Professions Code sections 2234(b) and (c) in that he committed acts constituting gross negligence and repeated negligent acts. The Board alleged that he performed cervical spine surgery on a patient at the wrong level.

An MRI showed that the patient had a disk bulge at C6-C7 and the patient signed Thorp's Informed Consent form which described the surgery as an "Anterior Disc Excision/Corpectomy with Interbody Fusion C6-7 and Antologous Bone Graft From Hip." However, according to the Operative Report, the fusion was done at C5-C6. When Thorp obtained an intraoperative x-ray to check the placement of the needle, the x-ray showed that the needle had been inserted at the C6-7 level. Apparently confused, he repositioned the needle to the C5-C6 level. Additionally, in the Patient Summary Sheet dated the same day as the surgery, and signed by Thorp, he listed the admitting diagnosis as "Cervical Disc C5-6" and the procedure as "Cx laminotomy, foraminotomy."

During the post operative evaluation, the patient explained he was there to see him about the procedure done at C6-C7, and Thorp replied, "No, C5-C6." The patient replied, "C6-C7." Thorp checked the patient's records and stated he was right but never admitted to the patient that he had incorrectly performed the fusion at the wrong level.

Further, Thorp met with the patient three times postsurgically and despite knowing his egregious error, he failed to inform the patient. These actions constitute repeated negligent acts. Thorp agreed that improper documentation led to the repeated negligent acts, but denied the allegations of gross negligence.

The mission of the Medical Board of California is to protect healthcare consumers through the proper licensing and regulation of physicians and surgeons and certain allied healthcare professions and through the vigorous, objective enforcement of the Medical Practice Act.

If you have a question or a complaint about the healthcare you are receiving, the Board encourages you to visit its Web site at [e-mail] or with questions call the Consumer Information Line at [phone], or with complaints, call [phone].