The doctors who operated on Joan Rivers before she died were “reckless, grossly negligent and wanton” in their actions, alleges the lawsuit the comedian's daughter Melissa filed Monday.
The Yorkville Endoscopy Center in New York City Tuesday declined to comment on the allegations.
The center allegedly allowed Rivers' personal physician, who did not have operating privileges there, to work on Rivers and allowed a procedure to be performed that Rivers never signed a written informed consent for, according to the malpractice lawsuit filed by Melissa Rivers in the Supreme Court of the State of New York.
Doctors at the center also allegedly failed to ensure that Rivers' airway was appropriately maintained; failed to recognize a drop in Rivers' blood pressure, pulse and oxygen saturation levels; and failed to intervene quickly to those deteriorating vital signs. One of the doctors also allegedly took photos of Rivers with his cellphone while she was sedated, according to the lawsuit. The physicians who operated on Rivers also did not know how to perform appropriate emergency procedures to open Rivers' airway, according to the lawsuit.
Rivers, 81, died Sept. 4 after undergoing an elective endoscopy requiring anesthesia at the physician-owned center. She suffered cardiac arrest and was rushed to a nearby hospital.
Melissa Rivers said in a statement that filing the lawsuit was “one of the most difficult decisions I've ever had to make.”
“What ultimately guided me was my unwavering belief that no family should ever have to go through what my mother, Cooper and I have been through,” Melissa Rivers said, referring to her son. “The level of medical mismanagement, incompetency, disrespect and outrageous behavior is shocking and frankly, almost incomprehensible. Not only did my mother deserve better, every patient deserves better.”
A CMS investigation into the clinic following Rivers' death found the clinic made a number of mistakes, according to the Associated Press. The clinic submitted an improvement plan, but the CMS found it lacking and has threatened to pull the center's accreditation unless it has fixed the issues by March 2.
In November, Yorkville Endoscopy released a statement in response to the initial CMS report saying it had submitted and implemented a plan of correction and “has been fully cooperative and collaborative with all regulatory and accreditation agencies.”
That statement also said “the physicians involved in the direct care and treatment referenced in the report no longer practice or provide services at Yorkville.”
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