A second common response by institutions is just as much of a barrier to bringing these crimes to light and ultimately, prosecution. “In essence,” says Dr. Iserson, “that response is, ‘Well, maybe it is happening but, boy, it sure is going to put our institution in a bad light. So let’s just not say anything.’ ”
This was the case with Michael Swango, a doctor who worked in several states and a number of countries. He was charged with five murders and may have been involved in 126 deaths. Swango confessed to the deaths that occurred in a Veterans Affairs hospital in Northport, N.Y., where he reportedly injected three veterans with a drug that stopped their hearts. He had forged “do not resuscitate” orders for the three. He was sentenced to two life sentences. It is possible that he killed as many as 35-60 people in the United States and Zimbabwe. But before it was all out in the open, “some very prominent people were involved in sweeping it under the rug,” says Dr. Iserson, “and they didn’t even get a slap on the wrist.”
Hiring Practices
One of the most shocking aspects of the Cullen case was that institutional coverup and employee privacy policies meant his prior employers never revealed the problems to prospective employers.
“Identifying potential serial killers is not at all the total problem,” says Dr. Iserson. “The problem is getting the powers that be to act. What they typically do is pass the problem on to somebody else, in effect, saying, ‘We don’t want you to work here anymore. We won’t necessarily write you a good letter of recommendation, but we will say that you worked here, and basically we just want you to go away.’ ”
An investigation revealed that Cullen had a history of reported incidents at hospitals in Pennsylvania and New Jersey, but there were no tracking or disclosure systems in place as he moved from one hospital to another. His employment history included termination from several hospitals because of misconduct, hospitalizations for mental illness, and a criminal investigation regarding improper medication administration.
In an open letter published in The New York Times on March 14, 2004, Somerset Medical Center (Somerville, N.J.) asserted: “Mr. Cullen worked at nine other healthcare facilities over a 16-year period. His former work history problems were not revealed to us. Nor were any state agencies or licensing boards able to provide us with accurate information about his employment history.”
Cullen had been investigated by three hospitals, a nursing home, and two prosecutors for suspicious patient deaths. He was fired by five hospitals and one nursing home for suspected wrongdoing. But Cullen continued to find employment and kill patients.
“Confidentiality is essential [as is] not leaking to the media, which can taint the investigation,” says Dr. Yorker. “The Charles Cullen case should motivate hospitalists to [participate in helping to stop the systemic mechanism that made possible] his killing over 40 patients in nine different hospitals and a nursing home before being stopped. This erodes the public trust in hospitals.”
The Health Care Quality Improvement Act provides some immunity for reporters of adverse information, but it applies only to physicians—not communications between employers.
The American Society for Healthcare Risk Management (ASHRM) and Dr. Kizer and his colleagues are in alignment in advocating for the provision of more comprehensive immunity to help healthcare employees and patients when they report these incidents.3
“If you have information that a worker is harming patients, the institution should be able to tell prospective employers and not worry about getting sued,” says Dr. Yorker. A number of states have passed varying forms of legislation so far, and ASHRM is recommending this be a federal matter. Dr. Kizer and his group recommend that reporting of suspected serial murderers should be considered for coverage under Good Samaritan laws.