Medical Malpractice #5

THE CAUSE OF JOAN RIVERS’ DEATH

By Saba Hashemian, Year 12 North London Collegiate

Joan Alexandra Molinsky, better known as Joan Rivers, was an American comedian, actress, writer, producer and television host. Having appeared on programmes such as Fashion Police, Drop Dead Diva and The Late Show, she was noted for her controversial, outspoken and acerbic nature.

In September of 2014 however, Joan died, following a procedure for the treatment of voice changes and acid reflux. Initially, the medical examiner’s office ruled her passing as a ‘therapeutic complication’, implying that her death was an accepted possible outcome of the procedure. This conclusion primarily ruled out any concern regarding medical error or malpractice, however an inquiry into her death revealed discrepancies surrounding the true cause of her fatality.

It was discovered that an official autopsy was never performed, despite the request of Joan’s family, and therefore there was no medical explanation for the sudden lack of oxygen. Instead, the report was attributed to her medical history and a non-invasive physical examination, ruling her death as a ‘therapeutic complication’.

Rivers had been treated at Yorkville Endoscopy on Manhattan’s Upper East Side by Dr Lawrence Cohen. In November, health authorities released a report on the clinic, highlighting an extensive list of errors, including a failure to ‘identify deteriorating vital signs and provide timely intervention’. Such negligence caused a withdrawal of the clinic’s Medicare certification, meaning that it could no longer receive payments from Medicare and Medicaid for patients 65 and older. However, by March, the certification was reinstated as the clinic was back in compliance with Medicare policies. Following the one-year anniversary of Joan’s death, Jane Hardey, Yorkville’s media manager issued a statement, affirming that ‘Yorkville is fully licensed’ and that ‘the physicians directly responsible for Ms. Rivers’ care are no longer affiliated with Yorkville in any way’. The clinic doctor Dr Lawrence Cohen resigned from Yorkville following the uproar sparked by Rivers’ death. Cohen carried out the endoscopy procedure on Rivers and according to the negligence lawsuit by Melissa Rivers, also took a photo of her while she was unconscious on the operating table. This was denied by Cohen

and his lawyer confirmed that he had ‘never stopped practicing’ despite his responsibility for Rivers’ death.

Dr Gwen Korovin, Rivers' personal doctor, is also still practicing in New York, despite not being authorised to practice at Yorkville. According to the lawsuit, she conducted an unauthorised laryngoscopy on Rivers. The lawsuit also asserts that Korovin left the operating room while other medical personnel were trying to revive her.

Rivers’ daughter, Melissa Rivers filed a negligence lawsuit in January, suing Yorkville and was compensated an undisclosed ‘substantial’ amount.