Distort Reform

Doctors instinctively reject I-336. "All I know is if it's loved by lawyers, it's by definition a bad thing," says Stevens Hospital's Dr. Castagno, who hasn't yet read the initiative. In a second conversation, though, he says he's been mulling the problem of bad doctors. "I think most doctors would be in favor of getting rid of some of these guys earlier."

That the current system isn't working can be seen in the case of Britt Borden, a neurosurgeon who once practiced in the same office as Schlitt. Borden paid malpractice settlements in three lawsuits, was subject to successive quality assurance actions at Valley and Overlake medical centers, and was investigated three times by the state Medical Quality Assurance Commission. And yet, throughout it all, he was permitted to keep his license, according to court and state records and attorney Stephen Bulzomi, who handled two cases against Borden. In fact, Borden moved to South Dakota, where he became entangled in another malpractice case.

Tami Lafferty and Benjamin.

Tami Lafferty and Benjamin.

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• Tami Lafferty
• Britt Borden
• Edward Pullen
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In that case, Borden operated on a farmer named Marilyn Zubke who suffered a spinal fracture during an automobile accident. Zubke's attorney, Lee Schoenbeck, claims that Borden made a mistake during surgery—which Borden denies—that increased pressure on Zubke's spine. She had to undergo two additional operations and still feels continual pain that renders her unable to farm. But the kicker is that, according to Schoenbeck, conventional practice would dictate that Zubke didn't need surgery at all. Borden could not be reached for comment despite calls to two of his previous lawyers and his former practice. The case was settled for an amount that is, of course, confidential.

Schoenbeck, a state legislator as well as an attorney, blames not only Borden but Washington. "Your state's failure to regulate its medical profession appropriately has resulted in people getting maimed in my state," he says.

Frivolous lawsuits there might be. But it's clear the unfrivolous kind deserve as much attention in the looming battle.

nshapiro@seattleweekly.com