California Medical Board Revokes Fertility Doctor's License for Implanting Wrong Embryo, Failing To Inform Patient

Main Category: Fertility
Article Date: 04 Apr 2005 - 0:00 PDT


The Medical Board of California has revoked the license of San Francisco-based fertility specialist Dr. Steven Katz, who in 2000 implanted the wrong embryo in a patient and failed to inform her of the mistake until more than two years later, the... San Francisco Chronicle reports (Seligman, San Francisco Chronicle, 3/31). The case involves Susan Buchweitz of Campbell, Calif., who in June 2000 underwent in vitro fertilization at Fertility Associates of the Bay Area, where Katz is medical director. Buchweitz subsequently delivered a son. However, more than a year after the birth, MBC contacted Buchweitz and informed her that another woman had undergone IVF at the clinic the same day and that Buchweitz may have received the embryo from the other procedure. Katz called Buchweitz 10 days later to inform her that she had been implanted with another couple's embryo (Kaiser Daily Reproductive Health Report, 8/5/04).

Testimony
The board's ruling was based on a proposed decision written by Administrative Law Judge Jonathan Lew and made public earlier this week. According to Lew's finding, the embryologist who mishandled the embryos informed Katz of the mistaken implantation about 10 minutes after the procedure. The clinic embryologist, who was not properly licensed, advised Katz to tell the patient that there was an infection in the laboratory and give her birth control pills to prevent the embryo from implanting. Katz testified that he gave Buchweitz medication that would help the embryo to implant, but a nurse from his office testified that Buchweitz actually had received birth control pills. During the hearing, Katz conceded that Buchweitz's right to know that the wrong embryo had been implanted "trumped his anxiety over the harm disclosure would unleash," according to the Chronicle. However, MBC said that Katz continued to "straddle the fence" and tried to "rationalize" his decision to keep the information from Buchweitz, according to the Chronicle.

Decision Details, Reaction
In his decision, Lew said that "the enormity of (Katz's) misconduct cannot be overstated," adding that the evidence presented at the hearing "strongly points to an elaborate cover-up of wrongdoing and a physician acting to protect his own interests above those of his patients" (San Francisco Chronicle, 3/31). Lew added that "nothing short of revocation [of Katz's license] will restore to the public confidence that this type of behavior will not be tolerated by the medical profession," according to the Contra Costa Times (Ostrom, Contra Costa Times, 3/30). Katz has until April 27 -- the day his license is scheduled to be revoked -- to appeal the decision, according to the AP/Chronicle (AP/San Francisco Chronicle, 3/30). However, Katz's attorney, Brock Phillips, said that Katz likely will not appeal the ruling (San Francisco Chronicle, 3/31). David Magnus, co-director of the Stanford Center for Biomedical Ethics, said he hopes MBC's decision would "start to send a signal that the medical licensing board is going to be serious," according to the Times (Contra Costa Times, 3/30).

Other Lawsuits, Ramifications
Buchweitz in August 2002 sued FABA, alleging that the clinic failed to inform her and the other couple involved in the embryo mix-up of the mistake until MBC began investigating the clinic. Katz in August 2004 agreed to pay her $1 million to drop the negligence suit (Kaiser Daily Reproductive Health Report, 8/5/04). In addition, Buchweitz and her husband are fighting to maintain custody of the child conceived as a result of the embryo mix-up, the Chronicle reports (San Francisco Chronicle, 3/31).

"Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Daily Reproductive Health Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Daily Reproductive Health Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

• Additional
• References
• Citations