Document: Owensboro doctor agrees to license probation after witnesses say he hit patient

August 10, 2024 | 12:09 am

Updated August 10, 2024 | 1:56 pm

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An Owensboro doctor has agreed to have his license put on probation for 5 years after witnesses said he hit a patient during surgery in 2023, though he denies the allegations.

The Kentucky Board of Medical Licensure (KBML) and Dr. William R. Martin signed the agreed order on August 2, 2024. The order details the witness allegations, Martin’s claims, actions taken by the hospital leadership, and the license probation agreement. 

According to the order, Martin’s specialty is orthopedic surgery. 

The incident occurred in the operating room “on or about” August 21, 2023, at Owensboro Health Regional Hospital. However, an OH official confirmed the hospital never employed Martin and only had privileges; those privileges were revoked, per the OH official and the agreement Martin signed.

As of Thursday afternoon, Martin was listed among the doctors who practice at Advanced Orthopedic & Sports Medicine, headquartered in Owensboro. Martin issued the following statement via email at OT’s request. 

After almost a year of diligently defending against claims brought against me, I have decided to accept a probationary status on my professional license.   While I still dispute the allegations, I have decided that it is time to put the significant financial burden of legal fees and sleepless nights behind me. This decision, made after careful consideration, allows me to move forward and continue serving my community.

During my 26 years in private practice and 4 years of active duty in the United States Air Force, I have practiced with the utmost integrity and dedication, always prioritizing the well-being and safety of my patients. Throughout my career, I have never taken any action that I believed would cause harm to a patient, and I remain proud of my record of care and professionalism.

I want to extend my deepest gratitude to my family, friends, and colleagues who have stood by me during this challenging time. Your support has helped me navigate this difficult period.

As I accept this probation and continue my practice, I remain committed to providing the highest standard of care and upholding the principles that have guided me throughout my career.

According to the KBML order, three witnesses, all employees, reported seeing Martin hit a patient during the incident. 

One witness said Martin was having trouble removing an instrument from a tube placed in a patient during a shoulder surgery. 

“He pulled, while his voice was getting elevated, and finally pulled the suture grasper out. He then proceeded to hit the patient on their right side of their face with his hand,” the witness said, according to the order. 

A second witness similarly reported Marting “was visibly upset because he was struggling to get the instrument out” and that after he finally removed it, Martin “then proceeded to punch the patient in the right side of the face,” per the order.

A third witness added that Martin “yanked” the instrument out and “hit the patient in the face,” according to the order.

A fourth witness said they were the present CRNA (Certified Registered Nurse Anesthetist) during the incident and were at the head of the bed during the surgery. The witness said a “choice of words” was said by Martin, and “multiple instruments were being asked for aggressively.” The witness said they did not see a physical altercation but that “some of the surgical technicians scrubbed out and left after the event.”

According to the KBML order, the hospital’s chief medical officer signed a letter dated August 24, 2023, memorializing Martin’s agreement to voluntarily refrain from exercising his clinical privileges pending further review.

According to the order, the hospital’s leadership council first met on August 28 to begin the review process and then met with Martin on September 5.

Martin told the council he had no recollection of the event, per the order. After being told about three incidents being filed about the incident, Martin told the council he would never intentionally hit a patient, the order says.

He also stated he didn’t think hitting a patient from that position would be possible. He then said he may have moved a drape and again said he would never hit someone, according to the order. 

After interviewing the witnesses, the hospital’s Medical Executive Committee voted on September 18, 2023, to terminate Marting’s privileges there, according to the order. 

In June 2024, Martin told the licensure board via email that he “believes that he batted the drapes, which was misinterpreted as hitting the patient.” According to the order, Martin also suggested the hospital’s Medical Executive Committee “was biased because it is composed of physicians employed by the hospital, which he alleges is in direct competition with his orthopedic group.”

According to the KBML order, Martin opted to resign his privileges at the hospital rather than continue with a hearing.

The licensure board order said that based upon the stipulations of face, Martin engaged in conduct that violated provisions of Kentucky law. 

The agreement signed by Martin puts his license to practice in Kentucky on probation for 5 years. He must also enroll in an assessment program at a behavioral health program.

August 10, 2024 | 12:09 am

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