Former Hospital doctor sentenced to prison

[TexasStooge]

Former JPS doctor sentenced to prison

She admits blocking patient's tube but says woman was already dead

By JEFF MOSIER / The Dallas Morning News

FORT WORTH, Texas – A former John Peter Smith Hospital physician was sentenced to two years in prison Tuesday after she was convicted of criminally negligent homicide in the death of a patient.

A Tarrant County jury convicted Lydia Grotti in the Dec. 26, 2000, death of Lettie McGhee, a 64-year-old patient who had suffered a heart attack at the Fort Worth hospital.

Dr. Grotti, 46, whose Texas medical license was revoked last year, admitted to blocking Ms. McGhee's endotracheal tube for about one minute, but she said that her patient was already dead. In a motion filed by her attorney, she explained that she was only trying to stop Ms. McGhee's "agonal breathing," a reflex that accompanies death.

The Tarrant County jury also had the option of convicting Dr. Grotti of murder or manslaughter, either of which could have resulted in a longer prison sentence.

During testimony, the prosecution and defense brought in expert witnesses to make their cases about when a person should be considered dead.

Keith Ward, one of Dr. Grotti's attorneys, said the verdict would have a chilling effect on doctors throughout the state.

"They now have to try to resuscitate a patient long after medical science says you should stop," he said.

Prosecutor Rob Freyer agreed that a message was sent by the jury's decision.

"Nobody is above the law," he said. "She is not. We are not."

Mr. Freyer, an assistant district attorney in Harris County, was asked to prosecute the case. The Tarrant County district attorney's office represents the county hospital and decided that prosecuting a former hospital employee would be a conflict of interest.

Emergency room doctors at John Peter Smith Hospital tried to resuscitate Ms. McGhee for about an hour before turning her over to Dr. Grotti, who pronounced her dead. According to court records, other doctors at the hospital disagreed with Dr. Grotti about when to stop trying to revive Ms. McGhee.

David Berry, one of Ms. McGhee's grandsons, said he had mixed feelings about the verdict on the lesser charge of criminally negligent homicide.

"I thought they would throw the book at her," he said.

Still, Mr. Berry said he's glad for the conviction, which he hopes will prevent Dr. Grotti from practicing medicine again.

In 2003, Dr. Grotti's medical license was revoked by the State Board of Medical Examiners, and she was fined $10,000 and required to pay more than $7,700 in hearing costs. Dr. Grotti appealed the decision to a Travis County district court, which upheld the revocation.

Several of Dr. Grotti's friends from her church attended the last days of the trial, but they declined to comment after the verdict.

Mr. Ward said this case has been devastating for Dr. Grotti. She has lost her staff privileges at John Peter Smith Hospital, lost her medical license, filed for bankruptcy and now is losing her freedom.

"The most serious consequences that could happen to her have happened," Mr. Ward said.

Mr. Ward said he expects to appeal the conviction.

Dr. Grotti is in state custody and, under state law, will be required to serve the entire two-year sentence in prison – a harsher minimum sentence than if she had been convicted of murder or manslaughter. She could have been eligible for probation if she was convicted of murder or manslaughter but not for criminally negligent homicide. She also could have received a much longer prison sentence if convicted of either of the other charges.

Another family also watched Dr. Grotti's trial closely. Relatives of Charles "Woody" O'Keefe, who died in April 2001 while under Dr. Grotti's care, said they were relieved that she would have to serve time in prison. Mr. O'Keefe, 33, was in the hospital in a diabetic coma when, his family alleged, he received a fatal dose of morphine.

"I feel like we have finally had some justice," said Shannon O'Keefe-Hetter, Mr. O'Keefe's aunt.

Mr. Freyer said he has no plans to prosecute Dr. Grotti in the death of Mr. O'Keefe.

Members of the McGhee and O'Keefe families feared the possibility of a mistrial. The jurors started deliberating Friday afternoon and told state District Judge Scott Wisch on Tuesday morning that they could not arrive at a unanimous decision.

Then, before lunch, the jury announced that it had reached a guilty verdict on criminally negligent homicide.

Mr. Ward said he was disappointed that the jury was given the option of finding his client guilty on a variety of charges.

"Jurors want to reach a verdict, and they often compromise," he said.

In this case, he said, they probably didn't realize that convicting Dr. Grotti of the charge could mean a longer sentence.