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| PERSPECTIVE |

A patient going into cardiac
arrest without adequate treatment. A doctor using a drill from the maintenance
department to treat an inmate. These are some disturbing allegations of medical
mistreatment in the Department of Corrections. The examples come from the
State's own investigators. Dr. Faisal Ahmed, a physician for the Department
of Corrections, lived most of his life in Saudi Arabia and Pakistan. He came
to the United States in 1994. A physician exchange program allowed him to
practice at the Nebraska Department of Corrections as long as he worked in
areas of need like a prison medical facility. Correctional administrators
say it's extremely difficult to attract physicians to work in prison hospitals.
[Bob Whitson, DCS Healthcare Administrator] Generally
this may be one of the last places in the world where a medical practitioner
will want to come. There is a perceived danger of working around inmates.
There is a negative stigma to correctional medicine. And that goes to do with
the barbed wire and the prison setting and again, the clientele that they're
dealing with.
When Whitson discovered a government program where they could
recruit new physicians from other countries, he thought his problems were
solved. However, things would take a turn for the worse. Dr. Ahmed encountered
problems soon
after he started working
in the medical facility. When Ahmed witnessed an inmate die of cardiac arrest
in 1998, he talked to Attorney Eric Brown. Brown does not want Ahmed to talk
to the media for fear of retaliation from the Department of Corrections.
[Eric Brown] The thing that has been hardest for him
has been the care that's been given to the inmates. I've seen him in tears
before talking about the care or lack thereof that is given to certain inmates
and some of those concerns were made to the ombudsman.
Brown recommended that Dr. Ahmed go to the State ombudsman
and tell his story.
[Carl Eskridge, Asst. Ombudsman] It was completely
out of the blue that Dr. Ahmed would come to us and so there was a great amount
of shock and surprise.
The ombudsman is a public counsel that typically investigates
complaints against State employees and elected officials.
[Eskridge] Of course then when he described what was
going on, then the sense of shock and urgency really set in.
Dr. Ahmed's visit to the ombudsman's office sparked a year-long
investigation of the correctional service's medical system. The end result,
four bound books packed with more than 400 pages of information, interviews,
letters, research, and a number of recommendations. The report attacked the
way the Department of Corrections medical staff treats its patients.
[Marshall Lux, State Ombudsman] This is one of the--
clearly one of the most important things we have ever done if not the most
important.
Inmate Robert Zolper went into cardiac arrest in September
of 1998. The events following his treatment bothered Dr. Ahmed when he arrived
on the scene. According to the report, Ahmed claims some staff members did
not know where the equipment was and that Zolper wasn't even on oxygen. Ahmed
was emotional. "For crying out loud," he said, "does a dying
man not deserve that? Never before did I see anything like this and it seems
like I was the only guy who was ever worried about saving the poor inmate's
life."
[Brown] You had a period anywhere from 19 to 29 minutes
before advanced cardiac life support was started on this man. It's no wonder
he died.
But Correctional administrators say Dr. Ahmed's behavior during
this particular episode was troublesome and fingers should not be pointing
at the staff but instead at Dr. Ahmed.

[Harold Clarke, Corrections
Director] After Dr. Ahmed lost his patient, he, as described by others,
threw a tantrum and started accusing nurses and all those present of inadequate
performances and so forth. And so after an investigation ensued, Dr. Ahmed
to protect his interest, in my estimation, went to the ombudsman's office
to complain about medical services being provided.
Shortly after, Dr. Ahmed was suspended for six months. Ahmed's
attorney says it was retaliation against the doctor by the Department of Corrections.
This winter the State personnel board would agree.
[Terry Ford, Deputy Ombudsman] When a whistle blower
makes such a report, the law forbids taking certain personnel actions against
him in retaliation for bringing those things to light. Dr. Ahmed blew the
whistle and he was retaliated against at least three times.
The Department of Corrections denies their action was vindictive
but in response to concerns about Ahmed's professionalism.
[Whitson] Problems did begin to surface even before
the incident of the inmate death, such things as arriving late or leaving
early, not being there in the hospital when the nurses were expecting him
to make rounds.
[Brown] It's interesting that he brings that up because
I can show you Dr. Ahmed's performance evaluation from just three months prior
to the Zolper incident. Excellent. 
Ahmed's supervisors gave him good marks in his performance
reports. He was even given the top score of "exceeding expectations"
three times. The rest of the report, it reads "expectations were fully
met." His supervisor, Dr. Cherry even wrote comments that he was "pleasant
and appropriate and he does what is needed."
[Brown] And there was no mention at all of any problems
that Dr. Ahmed had experienced. So if there were those problems, you know,
they have regularly-scheduled performance reviews. Why wasn't anything in
writing?
According to the report, the problem goes well beyond the
Dr. Ahmed controversy. The actions of other medical professionals are targeted
as well. Ron Linneman was an inmate in the State penitentiary who served 18
months for driving on a suspended license and escaping from police. Today
he walks with a bad limp and says he can only walk for short periods of time.
Prior to his arrival at the State pen, he was in a car accident. Doctors at
an Omaha hospital inserted pins in his pelvis connected to a brace. He was
then transferred to the prison hospital. When it was time to remove the pins,
Linneman says he was put off by Medical Director Dr. John Cherry. When Cherry
finally did try to take the pins out, the method was a bit surprising to Linneman.

[Ron Linneman, former
inmate] He brought a maintenance man to my room with a hammer drill and
told me he was going to remove the pins out of me that day and I refused to
get in my bed because I seen this dirty hammer drill and everything he was
going to use and I wouldn't let him do it.
According to an incident report filed by Maintenance Supervisor
Tim Law, Dr. Cherry asked if he could use Law's maintenance tools for about
five minutes. Law was using a hammer drill to build some shelves. He took
his drill and extension cord and followed Cherry to the hospital where he
stood outside one of the patient's rooms. When Linneman saw the maintenance
worker holding the hammer drill, he couldn't believe his eyes. Dr. Cherry
would not comment to "Statewide," but administrators say it was
Cherry's idea of a joke.
[Dan Danaher, Physician Assistant] Dr. Cherry attempted
to remove those and was going to use some equipment that was felt to not be
appropriate and that action was addressed. Dr. Cherry said it was in jest
that he was going to do that.
[Linneman] No, I didn't think it was a joke. I thought
it was one of the worst things that ever-- I have been in a lot of bad accidents
and things in my life but I have never been through anything that somebody
would pull-- I wasn't in a situation to have a joke pulled on me. I was in
total pain.
Linneman filed a complaint with the ombudsman's office. They
said he had a right to complain.
[Lux] All I do know is that there was one entry in
the medical record that appeared to have been signed by Dr. Cherry which said
that a drill and wrench should be secured from the maintenance department
of the penitentiary.
This is a regular drill you would find at a hardware store?
[Lux] Obviously. That's right.
Is that anything that other surgeons use?
[Lux] I wouldn't think so, no. And it doesn't sound
anything like the kind of handling that this patient would have gotten had
he been taken to the orthopedic surgeon at the hospital with the anesthesiologist
present. Obviously there is a big difference.

The longer the pins stayed
in Linneman's body, the greater the chance of infection. A Lincoln orthopedic
surgeon at this clinic who previously treated Linneman requested he have the
procedure done here, not at the prison, but that never happened.
[Lux] It was much cheaper to do it the way it was done
and we've got some documentation in the report talking about the ongoing concerns
for cost.
Linneman grew desperate. Dr. Cherry ended up removing the
pins with a wrench and no medication.
[Linneman] He come into my room and he brought a Mikita
drill that carpenters use and an old rusty crescent wrench, and I had to take
them out. I had to let him. It was either that or die.
Linneman filed a complaint with the deputy warden. His response
stated that "the investigation essentially substantiated your complaints.
All culpable staff are being held accountable for their actions. This should
resolve your concerns." Linneman shows his scars from the pins. He says
he still seeks medical treatment for his condition. Currently he is looking
for an attorney to move forward with his grievance.
[Lux] The troubling thing about Dr. Cherry was that
he was so be often featured in the complaints we got from inmates. And so
we were particularly interested in him, and one of the things that bothered
us was the difficulty in getting more information about him.
During a deposition with Dr. Ahmed's attorneys, part of Cherry's
past came out. He had lost his privileges at Lincoln General Hospital back
in 1993. The transcript reads: "why is it that you lost your privileges
at Lincoln General?" Dr. Cherry answered: "there was concern over
four patients of mine that died." Medical Administrator Bob Whitson says
they do extensive background checks on all hires.
[Whitson] If their license is in current good standing
and there are no restrictions upon it to practice in our setting, then I have
to take them at their word. They are the governing agency and they say he
is ok to practice. 
Dr. Cherry lost his job as medical director but he continues
to treat inmates as a staff physician. When he was demoted from medical director,
did that have anything to do with all of this?
[Whitson] Maybe indirectly.
Although Dr. Ahmed's case spurred a year-long investigation
by the ombudsman office, he wasn't the first staff member to come forward.
Arlene Trainor worked as a nurse in the department for 14 years. When she
started questioning similar problems in the department such as inadequate
care of inmates and physician assistants having more power than doctors, she
was suspended.
[Arlene Trainor, Registered Nurse] In fact, since I
was even bringing up these questions, I was told that I was going to be suspended
and I was suspended with pay.
For how long?
[Trainor] For a month.
Trainor took her complaints to State senators, the Department
of Health and Human Services, and the Attorney General's office. Nothing happened
but she did feel relieved that she brought her complaints forward.
[Trainor] From the top down, the director of personnel
said to one of the nurses, well, these are thieves and robbers and murderers,
and it was like so now let me see, do we have a different standard of care
for thieves and then something different for murderers? For medical people
to look at that diagnosis-- or their sentencing stuff and then make decisions
on how to treat them medically was a real problem.
Trainor says others have issued complaints about medical staffers
as well but many of them didn't go beyond these walls. Trainor hopes the ombudsman's
report will shed some light on the situation.

You actually-- when you
start reading it, you get into it, you actually get the same kind of feelings
that you had then, you know. All the anxiety and the stress and stuff, all
that came back.
Correctional administrators admit some changes do need to
be made and they say they will take a closer look at the ombudsman's report.
[Whitson] If we can make this medical department better,
we will do everything that we can. Right now we think we are operating very
well.
Meanwhile, Governor Johanns announced a task force of medical
professionals will look into the ombudsman's report and complete their own
investigation. Director Harold Clarke hopes it will prove the ombudsman's
report to be misleading.
[Clarke] It gives the impression that there is wide-scale
inefficient practice of medicine within the department and I don't see it
that way. I will put our department up against any in the country.
State Ombudsman Marshall Lux hopes his department's recommendations
will be taken seriously so the medical system can be improved.
[Lux] As I worked on this, the truth is it became more
than just a part of my job. Given what we saw and how serious some of this
is, it really became a matter of conscience to do a good job, almost a moral
imperative.
The task force will complete their investigation in six months.
Reporting for "Statewide," I'm Andrea Gallagher.