Court upholds action in malpractice case

Monday, June 5, 2000 | 9:38 a.m.

CARSON CITY -- A Las Vegas surgeon has lost what may be his final battle in an eight-year fight against malpractice charges in the death of two patients.

The Nevada Supreme Court has upheld a ruling by the state Board of Medical Examiners that Dr. Harriston Lee Bass Jr. was guilty of gross malpractice and repeated malpractice in the treatment of two patients at Women's Hospital in Las Vegas.

The court on Friday rejected Bass' arguments that other doctors interfered with his patients causing their death, then destroyed or altered the medical records in an attempt to shift the blame to him. "Dr. Bass fails to offer any evidence to support his conspiracy claim," the court wrote.

The court said deference must be given to the medical board, which found sufficient evidence to find Bass guilty of malpractice.

Bass performed surgery on a 62-year-old woman and on a 58-year-old man at Women's Hospital. In both cases, the conditions worsened and they were transferred to other hospitals where they died.

The examiners board said Bass failed to exercise proper surgical judgment when confronted with major problems while performing laparoscopic surgery in July 1990 for treatment of massive abdominal adhesions suffered by the woman. The board said he failed to recognize the extent and seriousness of the ailment.

The board heard testimony that the woman had signs of an infected abdomen that Bass failed to detect.

The doctor performed surgery on the man for hernia problems and failed to recognize complications, the board had found. Bass claimed other doctors prevented him from proceeding on a follow-up surgery to cure the problem. In addition, Bass claimed, a five-hour delay in transferring to another hospital caused the death.

The court supported the medical board that there was clear and convincing evidence to reach the conclusion that repeated malpractice was committed.

The board placed Bass on three years probation and prohibited him from performing laparoscopic surgeries. He must perform other surgeries at a approved hospital with a board certified surgeon in attendance, complete 120 hours of continuing medical education in surgery and complete the American College of Surgeons Surgical Education and Self-Assessment program.

Richard Legarza, the board's legal counsel, said Bass has yet to fulfill some of the conditions, such as the course work. He said Bass remains on probation until he completes the requirements.