NBC 30 Investigates: Medical Mistakes

Steve Gavoni's wife, Kate, was given a routine allergy shot. But, a simple 15-minute visit turned deadly.

"The antigens in the allergy shot caused this severe reaction that prevented her from breathing and that caused heart failure," Gavoni said.

In a civil lawsuit, Gavoni claimed the doctor was negligent and that his wife was given an overdose of allergy medication that caused an allergic reaction that led to her death.

The case never went to trial and Gavoni and the doctor agreed to a malpractice settlement.

Part of the deal was to never mention publicly who the doctor is or where the office is located.

NBC 30 learned the doctor is allergist Marvin Den, of Norwalk Medical Group. He refused to comment on the case.

"The doctor responsible for Kate’s death pretty much walked off scott free," Gavoni said.

The state won't say if they investigated the case, citing privacy laws.

Wendy Furness, of the Department of Public Health, said, "If the investigation reveals violation of standard of care medical errors, as you term them, or breaches, at the point when the board issues a final decision, that is public."

The State Department of Public Health puts physicians profiles on its Web site. It lists if there have been any malpractice settlements or disciplinary action taken against a specific doctor.

When Gavoni entered his wife's allergist’s name it said there was a settlement, but that was it. There was no mention of his wife’s death and the doctor was never disciplined.

Dr. Lowell Levin, a professor of public health at Yale University, has spent years investigating the states public health policy on discipline. He said being a doctor is like being in a fraternity.

"A fraternity of professional people who protect eachother very well and do it often and consistently," he said.

The state requires that doctors report all mistakes to the hospital who then is supposed to notify the state.

Critics say that system doesn't work.

State records obtained by NBC 30 show just three doctors have had their licenses suspended in the past four years. The state insists they're taking a more aggressive approach to crack down on bad doctors.

Before 2005, on average, 35 doctors were disciplined annually. Last year, 60 physicians were subject to disciplinary action. Most of them were given a fine.

Some medical experts say punishment is not the answer.

Dr. Al Herzog, of the Connecticut Medical Society, said, “Punishing mistakes will shy away physicians reporting mistakes. On the other hand, if the notion is for everyone to practice safer medicine, even physicians will be more willing to report their mistakes."

Jean Rexford, of Connecticut’s Victim’s Rights, said “Records are changed. It's illegal, but it does happen.”

Rexford said she's seen it first hand. She represents victims who've suffered life-changing injuries -- sometimes even death -- from a doctors error in judgment.

Doctors policing doctors, she said, is a breach of patients rights.

"Physicians are much more worried about being sued by a fellow physician for defamation of character than they are about people who are harmed in the process," she said.

Herzog said, “We are all human. None of us want to make a mistake. Certainly we don’t want to injure a patient, but in the best of hands it sometimes happens."

Public health officials say they encourage patients to ask their doctor if they have settled a malpractice lawsuit.