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Tenet Healthcare Tries to Settle
Some Old Accounts
New York Times
Aug 8, 1997
By BARRY MEIER
A decade has passed since Kelly Stafford walked through the
doors of the Brookhaven Psychiatric Pavillion here. But for
her, the nightmarish days that followed are fixed forever.
She had agreed as a 17-year-old to enter the hospital,
expecting a brief respite from troubled family
relationships. But once the doors closed, Ms. Stafford
said, she remained inside for 309 days, many of them behind
blackened windows in cruel darkness.
At Brookhaven and other psychiatric hospitals operated by
National Medical Enterprises, patients like Ms. Stafford
said they had their arms or legs strapped down for months
at a time. Others said they were forced to sit motionless
and silent for 12-hour stretches. And a medieval-looking
device called a ''body net'' was used to completely
restrain some.
All this and more became widely known in 1993, when a task
force of 600 Federal agents swooped down on 20 National
Medical facilities. A year later, the company's psychiatric
subsidiary pleaded guilty to Federal charges that it paid
kickbacks and bribes to doctors and others for patient
referrals; the company paid $362.7 million in fines and
penalties to settle various Federal and state charges of
health care fraud.
National Medical, which was required as part of its guilty
plea to sell its mental health care operations, has since
risen from the ashes of that debacle, installing new
management and changing its name to the Tenet Healthcare
Corporation. But it is only in recent weeks that Tenet,
now the nation's second-largest chain of for-profit
hospitals, has confronted the scope of the episode's human
toll, paying out $100 million to settle some 700 claims
filed in two Texas courts by former psychiatric patients.
''I had to eat Thanksgiving and Christmas dinner in
restraints,'' said Ms. Stafford, who now works as a model.
''There's not a day that goes by that you don't think about
it.''
Those who entered places like Brookhaven, often as
teen-agers, faced problems ranging from depression to drug
and alcohol abuse to suicidal impulses. In lawsuits, they
charged that they had been effectively imprisoned -- rather
than treated and quickly released -- as part of a scheme to
exhaust their lucrative insurance policies.
For many mental health care professionals, National Medical
came to symbolize the excesses of an era when the corporate
thirst for insurance dollars overrode patients' needs. Now,
as managed care companies move into the area of mental
health, many psychiatrists fear that patients' needs are
again being overlooked -- but this time to scrimp on
insurance costs. Today, seriously ill patients are often
discharged from mental health units after just a few days,
trapping them in a cycle of hospitalization, relapse and
hospitalization, doctors say.
''National Medical was treating the insurance contract and
not the patient,'' said Dr. Fred Goodwin, director of the
Center on Neuroscience, Medical Progress and Society at
George Washington University Medical Center. ''Now, in
reaction, doctors are being forced to react to the needs of
managers, not patients.''
Managed health companies defend their practices as reining
in undisciplined and wasteful spending on mental health
care, where it is often hard to measure the extent of a
patient's progress. And likewise, both Tenet and the
doctors who admitted patients to Brookhaven and other
National Medical hospitals have consistently denied any
mistreatment of patients. Along with the payments from
Tenet, some doctors once affiliated with the company's
psychiatric unit also recently agreed to pay $20 million in
compensation to their former patients.
Those involved in the settled cases are barred from
speaking about them. But in lengthy interviews before the
settlement was reached, Ms. Stafford and two other former
Brookhaven patients spoke of their lives at the hospital
and of the years since. What emerged were stories not only
of individual suffering -- and of its long-lasting effects
-- but also a cautionary tale with lessons for the health
care industry today.
With National Medical aggressively seeking patients, a
teen-ager could land in one of its hospitals for months as
a consequence of behaviors that many psychologists say
could have been treated with short-term therapy.
In 1987, for example, Jeanne Ford was a 14-year-old living
in Dallas with her mother. When her mother refused to take
her out one evening, Ms. Ford said she raided the medicine
chest, washing down the pills she found with alcohol. After
her stomach was pumped in an emergency room, she was
admitted to Brookhaven.
''The doctor asked me if I was trying to kill myself, but I
just wanted my mom to pay more attention to me,'' said Ms.
Ford, who ultimately spent 225 days at Brookhaven.
Patients at the psychiatric hospital -- a two-story
building with small windows that has since been demolished
-- witnessed scenes they found hard to fathom. When Sherry
Sylvester entered the hospital in 1987 as a 16-year-old,
she noticed that a large number of patients spent their
days in wheelchairs. It took her several days to realize,
she said, that the patients were not paralyzed, but instead
were tied down.
Ms. Sylvester, who was referred to Brookhaven for treatment
of a possible chemical imbalance, expected to be in the
hospital for two weeks. But her stay stretched on for 422
days.
A constant refrain of life at Brookhaven, she said, were
the calls for ''Dr. Rush, Dr. Rush'' over the hospital's
loudspeaker. The pages, it turned out, were not a call for
a particular doctor, but an alert for hospital personnel to
converge and restrain a patient. As she wrote in an account
of her experiences prepared for her lawsuit, she first
heard it after she refused a nurse's order to leave a room
so a group therapy session could be held.
''Five minutes later, I'm hearing 'Dr. Rush, Dr. Rush' over
the intercom,'' Ms. Sylvester wrote. ''All these loonies
are freaking out and I'm thinking 'God, what the hell is
going on, I've got to get out of here.' I was still sitting
on the bed when six big guys run in and tackle me.''
She said she was given an injection of thorazine and her
hands and legs were tied to her bed with leather
restraints. ''They stole my innocence that day,'' wrote Ms.
Sylvester, who is now married with two children and runs an
aviation-related business with her husband. ''If I'd been
raped, I could attempt the healing process. But my
attackers were to remain my jailers for the next 14
months.''
Along with stolen time and fractured relationships with the
parents who agreed to their hospitalization, others believe
they lost the opportunity to get the treatment they needed.
Kay Banner, one of 300 former patients whose suits against
Tenet are still active, said that the therapy she received
during an 18-month stay at Brookhaven for treatment of
depression was of little help. She said that therapists
expected her to silently sit in a chair for 12 hours at a
time, a task she found impossible.
''I was in there for a year and half, and I expected to be
helped in some way,'' said Ms. Banner, who is 25 and lives
in Allen, Tex. ''For the past eight years, I have felt like
a failure because it didn't do that.''
Former patients at Brookhaven say that money alone will not
help them close this chapter of their life. They want
apologies, and with rare exceptions, neither officials of
Tenet nor the treating physicians have yet to offer any,
they say.
''None of the doctors have approached me to apologize to
me, to redirect to a different kind of therapy or to say
'here's what we feel,' '' Ms. Banner said.
In a statement, officials of Tenet, which is based in
Santa Monica, Calif., said that the individuals interviewed
for this article were among many patients at the company's
hospitals who had been diagnosed with serious and, in some
cases, life-threatening disorders.
''Confronted with these and other serious symptoms,
physicians administered what, in their professional
judgment, was the most appropriate course of treatment to
help their patients,'' the company said.
Lance Ignon, a Tenet spokesman, confirmed that the claims
of Ms. Ford, Ms. Stafford and Ms. Sylvester were among
those that had been settled. The company is approaching
lawsuits by other former patients, like Ms. Banner, on a
case-by-case basis, he added.
''We will continue to settle those that are appropriate and
continue to defend those that we feel are not appropriate
for settlement,'' Mr. Ignon said.
William A. Smith, a lawyer in Dallas who represents doctors
who once practiced at Brookhaven, said that his clients
acted in their patients' best interests and provided them
with excellent medical care.
''We would like to see the former patients allow their
medical records to be released to the public so that we
could discuss their individual cases and why they needed
the care,'' he said.
While the approaches taken by National Medical and some
managed care companies represent two extremes, many mental
health care experts say that ultimately it is the
responsibility of psychiatrists and other health care
professionals to put their patients' interests ahead of
corporate profits. Indeed, most states hold doctors, not
health care companies, accountable for patient care.
But some who were patients at Brookhaven say there may be a
more direct way than filing lawsuits or conducting
investigations to make health care providers understand the
profound impact of their actions.
''I would like to take the staff members and tie them down
for a few months,'' Ms. Stafford said. ''Make them sit down
until we could tell them to move. I would like to make them
do everything we'd have to do. I want these people to feel
what I feel. I want them to know with their own two eyes
what they put us through.''
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