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No misconduct charges for NY doctor with long record of malpractice allegations
By
Caroline Lewis
Published Nov 27, 2024
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Courtesy of Chung Kiu Kwok
By
Caroline Lewis
Published Nov 27, 2024
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Three doctors who treated a woman who died at Harlem Hospital shortly after giving birth in 2016 will not face misconduct charges, after a state investigation found “insufficient evidence” of wrongdoing, according to a letter from the state Office of Professional Medical Conduct obtained by Gothamist.
One of the doctors who operated on the woman, Amy Lam, was Thomas J. Byrne. He was the subject of a Gothamist investigation and podcast series that delved into a litany of malpractice charges and other misconduct allegations against him spanning decades.
The state launched its investigation into Byrne and the two other doctors who treated Lam in response to a complaint filed last year by her husband, Gilbert Kwok, while Gothamist was in the midst of reporting on the story. After finding out this week that the doctors would not face any disciplinary action, Kwok suggested the state’s latest findings are more evidence of a broken system for disciplining doctors.
“I am not surprised by the result,” Kwok said in a statement provided through his lawyer. He added “even if there is any further action from the investigation, they would just move to the other states and do the same thing again and again.”
Byrne lost his license to practice in New York in 1991, after the state health commissioner found he posed a threat of “imminent danger” to patients. At the time, a state investigation determined that a total of 11 patients had been harmed over a span of two years while Byrne practiced in upstate New York. Three babies died and two suffered severe brain damage. But that didn’t stop him from practicing in other states soon after being stripped of his New York medical license, which was ultimately reinstated in 2014.
Byrne is currently listed as an assistant attending physician in the Department of Obstetrics and Gynecology at SBH Health System in the Bronx. He could not be reached by phone Monday.
Gothamist’s investigation found loopholes in the national system for reporting medical misconduct, and that state medical boards often rely, at least in part, on doctors’ own testimony when deciding whether to restore their licenses or allow them to practice elsewhere.
Lam had planned to give birth at Mount Sinai Beth Israel in downtown Manhattan but had instead unexpectedly given birth at her apartment in West Harlem. When EMS responders arrived on the scene, they said she was “alert and oriented” and took her to the hospital because she had yet to birth the placenta.
But once there, Lam's health declined quickly. Doctors discovered internal bleeding and she needed more than 20 blood transfusions over 10 hours, according to medical records reviewed by Gothamist. In the course of her treatment, Byrne performed a hysterectomy. The medical examiner who conducted the autopsy on Lam said her aorta had ruptured, although it was unclear whether it had happened naturally or as a result of the medical procedures she underwent.
Kwok sued Harlem Hospital, which is run by NYC Health and Hospitals, and several of the doctors who treated her following the incident, and settled that claim for $3 million.
In its letter to Kwok stating that it was closing the investigation, the Office of Professional Medical Conduct said it had reviewed records associated with the case in addition to conducting interviews.
Asked about the results of the investigation Monday, the state Department of Health, which runs the Office of Professional Medical Conduct, said the department is prohibited by state law from discussing the investigation.
The state Department of Education, which licenses physicians, did not immediately respond to a request for comment. Neither did NYC Health and Hospitals.
Tagged
new york city
imminent danger
health
Caroline Lewis
Caroline Lewis is on the health care beat for WNYC and Gothamist. She has covered COVID, a nurses' strike, the overdose crisis and New York’s marijuana legalization effort, and spent a year investigating patients' medical bills. She always wants to hear about how everyday New Yorkers experience the health system. Got a tip? Email [email protected].
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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