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State Attorney's Office Won't Investigate Hospital Suicides

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TBO.com

Published: August 25, 2008

Updated: 08/25/2008 04:38 pm

TAMPA - The attorney representing the estate of one of two people who recently committed suicide at Tampa General Hospital has called on the state attorney's office to launch a criminal probe into the matter.

The state attorney's office, however, said today the agency will not investigate, instead leaving it to the Florida Agency for Health Care Administration.

"The state attorney's office is not an investigative agency," spokeswoman Pam Bondi said. "Therefore there will be no criminal investigation by this office. This is being handled by the Florida Agency for Health Care Administration."

Attorney Mike Trentalange's letter to State Attorney Mark Ober comes less than a week after the U.S. Department of Health and Human Services threatened to withdraw Medicare reimbursements to the hospital unless Tampa General can prove by Sept. 6 that it has taken steps to fix problems in its psychiatric ward.

In a scathing 44-page report last week, the Department of Health and Human Services, working with the state Agency for Health Care Administration, detailed shortcomings at Tampa General's psychiatric ward. The investigation was prompted by an anonymous complaint to the federal agency after two people committed suicide within two days of each other in July.

Trentalange represents the estate of Annette Howard, who committed suicide July 21 at Tampa General.

In his letter to Ober, Trentalange says, "It appears that the conduct causing the deaths of two patients at Tampa General Hospital was such that manslaughter charges are appropriate against the hospital and/or its staff."

A Tampa Police Department spokeswoman said last week that the department had investigated the suicides and would not pursue criminal charges.

In his letter, Trentalange wrote that "the well-heeled and well connected cannot have a separate set of rules. Corporations like Tampa General must be held accountable under the law, as must individuals in their employ, even if they wear scrubs or white lab coats."

When a reporter told him the state attorney's office will not investigate, Trentalange was outraged.

"The idea they don't investigate is just garbage," he said.

Hospital spokesman John Dunn declined to comment on Trentalange's request for an investigation.

Among the problems cited in the federal report: staff members apparently failing to check on patients every 15 minutes; easy patient access to a closet where chemicals are stored; and a lack of re-evaluating patients for suicidal thoughts.

According to the hospital's Medicare contract with the federal government, the hospital agrees to abide by specific regulations to ensure quality care. Tampa General received $168.4 million in Medicare reimbursements in 2007.

When a hospital fails to comply or when a serious threat to patient health and safety is found, the government can rule that the hospital defaulted on its contract and cannot participate as a Medicare provider. Tampa General now has to come up with and implement a plan to fix the problems.

The hospital's plan would need to be approved by the Centers for Medicare & Medicaid Services. The state Agency for Health Care Administration also would do an unannounced inspection.

Reporter Ellen Gedalius can be reached at (813) 259-7679 or egedalius@tampatrib.com.

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