USA TODAY International Edition

Hospital staff is subpoenaed in Louisiana

Investigat­ion targets patients’ deaths during Katrina

- By Robert Davis and Kevin Johnson USA TODAY

NEW ORLEANS — Louisiana of cials have issued subpoenas to 73 staff members of a local hospital to force them to cooperate with a probe into whether critically ill patients were euthanized or mistreated during the chaos after Hurricane Katrina, state Attorney General Charles Foti Jr. said Wednesday.

The subpoenas were issued during the past few days amid growing concern that an undisclose­d number of employees at New Orleans’ Memorial Medical Center, including nurses, have refused to speak with state investigat­ors, Foti said in an intervieww­ith USA TODAY. He said an Oct. 14 memo in which the hospital told employees they could decline to be interviewe­d might have had “ a chilling effect” by prompting some of them to Foti: Investigat­ing allegation­s of euthanasia in New Orleans. refuse to answer questions.

“ When ( hospital of cials) claim they didn’t do anything, then what is the problem?” Foti said. He added that Memorial has not responded adequately to requests for documents that investigat­ors made two weeks ago. “ They should not be trying to hide something or stand behind legalese.”

Peter Urbanowicz, general counsel for Tenet Healthcare, Memorial’s parent company, said, “ We are cooperatin­g, and we are surprised by the subpoenas.” He said Tenet has nothing to hide.

Among other things, investigat­ors are examining a Memorial doctor’s claim that some of the 45 patients who died there after Katrina hit on Aug. 29 might have been given lethal doses of painkiller­s to end their suffering. The doctor, Bryant King, has not responded to requests by USA TODAY for comment. He has told CNN that he heard staff members discuss euthanizin­g critically ill patients as conditions deteriorat­ed in the hospital. Other Memorial doctors dispute that. John Kokemor told MSNBC on Tuesday, “ At no time did I hear any conversati­ons or witness any . . . mercy killing.”

The probe at Memorial is part of a review of about 215 deaths at hospitals and nursing homes in this area, the Louisiana Department of Health and Hospitals says. Besides the allegation­s of possible mercy killings at Memorial, investigat­ors are reviewing whether people at nearly two dozen facilities were abandoned or neglected.

In its memo to Memorial employees, Tenet told them that they could “ consent” or “ decline” to be interviewe­d by investigat­ors. “ You have the right to decide whether or not you wish to be interviewe­d,” said the memo, a copy of which was obtained by USA TODAY.

Companies investigat­ed by the government often issue such legal instructio­ns to employees, said Susan Hackett of the Associatio­n of Corporate Counsel. She said the practice is drawing increasing scrutiny. “ What may have been seen as routine advice also can be seen as discouragi­ng employees from cooperatin­g,” she said.

Investigat­ors are awaiting results of tests on tissue from people who died at Memorial to determine whether they received overdoses. Orleans Parish Coroner Frank Minyard said Tuesday that all but a few of the samples have been sent to a Pennsylvan­ia lab for testing.

“ We are proceeding as if these allegation­s are serious,” Foti said. “ If nothing happened, we will be the rst to say so.” Davis reported from New Orleans, Johnson from Washington, D. C.

 ?? By Allen Fredericks­on, Reuters ??
By Allen Fredericks­on, Reuters

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