To read the replies from the Joint Commission International to this complaint, please visit this page:
www.theconsumerforum.org/costarica/medicos/en/complaint-montealegre-mata-2008-05-14/replies-JCI.htm
 

To read the replies from the Clínica Bíblica of Costa Rica to this complaint, please visit this page:
www.theconsumerforum.org/costarica/medicos/en/complaint-montealegre-mata-2008-05-14/replies-clinica-biblica.htm
 

May 14th, 2008

Lic. Bernal Aragón Barquero
Director General,
Clínica Bíblica
Calle central y primera, Avenidas 14 16
Apartado 1307-1000
San José, Costa Rica


Dr Minor Vargas Baldares,
Presidente,
Colegio de Médicos y Cirujanos de Costa Rica
Sabana Sur,
San José, Costa Rica
 
 
Cc: Karen H. Timmons,
President and Chief Executive Officer
Joint Commission International
One Renaissance Boulevard
Oakbrook Terrace, IL 60181
 
 
Cc: Dr. Luis Paulino Hernández Castañeda
Director General,
Hospital Calderón Guardia
C 15 y 17, Av. 9-11
San José, Costa Rica
 
 
Cc: Sr Alvaro Montealegre Mata
Clinica Burstin, Ave. 14-C 1ª
Apdo. 2854-1000
San Jose, Costa Rica

Dear Mr. Aragón and Dr. Vargas:

The reason for this letter is to initiate the process of dissemination, accountability and correction of Mr. Alvaro Montealegre Mata’s behavior in the case of patient Marcial Rivera Blandón. Mr. Montealegre is a physician and urologist who serves in such capacity at the Clínica Bíblica (http://www.clinicabiblica.com) represented by Mr. Aragón. Mr. Montealegre is a member of the Colegio de Médicos y Cirujanos de Costa Rica (http://www.medicos.sa.cr/web/) (the costarican medical board) of which Mr. Vargas is the current president. As Mr. Marcial Rivera’s son, this letter represents my opinion with respect to Mr. Montealegre’s behavior and actions. This opinion is supported in ample detail throughout the course of this document.

For the reader’s convenience, this document is also available on the web, at http://www.theconsumerforum.org/costarica/medicos/queja-montealegre-mata-2008-05-14/ for Spanish, and http://www.theconsumerforum.org/costarica/medicos/en/complaint-montealegre-mata-2008-05-14/ for English.

My father was treated by Mr. Alvaro Montealegre Mata regarding urinary frequency and an initial increment of his PSA. Mr. Montealegre stipulated that, if prostate cancer were to be detected any time in the future, that my father’s quality of life would not be affected adversely and that my father would not die of prostate cancer; he would die of anything else but not prostate cancer. Mr. Montealegre refused to authorize an early biopsy to determine the possible presence of cancer. Mr. Montealegre rejected the possibility of using curative procedures which, according to other physicians, my father would have been able to tolerate without any problems. Mr. Montealegre also refused PSA monitoring to measure aggression/progression in light that a possible cancer could be detected later. Mr. Montealegre finally authorized a biopsy in conjunction with a non-curative TURP procedure he performed almost one year after he first saw my father and my father died of an ultra-aggressive prostate cancer 15 months after the time when Mr. Montealegre finally authorized such a biopsy. Mr. Montealegre’s behavior was plagued with episodes of medical negligence, ethical violations, incompetence, and the distortion, obscuring and manipulation of the facts, as well as condescension towards the patient, all of which helped ratify the worst possible decision, one that would take my father to premature death leaving the family without the option of a curative procedure which could have extended his life, judging by his ancestors, who knows, perhaps many more years. In addition, the absolutist medical decrees that Mr. Alvaro Montealegre Mata applied in my father’s case, are in clear and radical contradiction with the urology practices and standards of places like the Mayo Clinic in Rochester, Minnesota and others, as I show in this document.

With the exception of this situation with Mr. Montealegre, the family has received the wonderful benefit of excellent relationships with other physicians in Costa Rica, who have performed surgeries for the family at Clínica Católica and CIMA Hospital, both in San José. We have great admiration and gratitude for them as human beings and physicians, because of their unsurpassed caring and responsibility to defend the patient’s best interests and quality of life. In my father’s words, they were "simply fantastic" and we know my father appreciated them very much.

This document consists of the sections listed below, where Mr. Montealegre’s behavior and actions are explained in detail:

 

Error Number 1. Manipulation, Deceit and Hiding of the Truth

Mr. Alvaro Montealegre Mata used as the fundamental basis for his professional obstination, a fictitious medical position, unrealistic and simplified, stating that our father, for being older than 80 years old, if he were to be diagnosed with prostate cancer, his quality of life would not be affected and he would not die of prostate cancer. Obviously, an asseveration of this magnitude eliminates the need for any kind of risk analysis and courses of action, it eliminates any sense of emergency and immediacy, it changes everything. Mr. Montealegre used to say "your father will die of anything else but he will not die of prostate cancer". Mr. Montealegre used this statement to eliminate a number of actions, such as an early biopsy, PSA monitoring, hormonal treatment prior to a TURP surgery in order to potentially avoid TURP or avoid the PSA to scale up as a consequence of the TURP surgery (TURP, transurethral resection of the prostate is a surgery to reduce the internal size of the prostate without extracting it and thus reduce urinary frequency, obviously it is not a cure because it does not remove the prostate). The extremist militancy of his manipulation of the truth is evident from the following facts:

  1. Why didn’t Mr. Alvaro Montealegre Mata make reference to the medical statistics which state that there is a percentage (estimated at 20%) of all prostate cancers that are very aggressive and hormone refractory from the onset ? You don’t have to have any knowledge of medical science to know or master these facts; these statistics are the result of simple historical numerical recollection, like the kind the mayans and other preceding civilizations with enough arithmetic to be able to count used to gather. If Mr. Montealegre would have had the professional decency of letting us know that some 20% of the prostate cancer cases are unstoppable and are the cause of short-term mortality, 5 minutes later we would have been out of his office proceeding to make an in-depth evaluation of surgery comorbidity risks during a radical extraction, or an evaluation for the use of radiation, etc. By hiding this statistical possibility in my father’s case, Mr. Montealegre deprived the patient of his right to consider alternatives as the patient sees fit in order to save his own life.
  2. We cannot assume that providing such false an lethal suppositions to the patient is the result of negligence, and we could give Mr. Alvaro Montealegre Mata the benefit of the doubt and instead presume that Mr. Montealegre simply lacks such reading knowledge and experience. In order to review these premises, I spoke with Mr. Montealegre again, once it was clear that my father’s cancer had turned out to be indeed extremely aggressive and that in fact my father would die in a few weeks of prostate cancer and not of any other condition or illness. I called Mr. Montealegre to ask him if he had treated patients before of the same age as my father and with the same level of aggressive and terminal prostate cancer ? He replied conclusively and categorically, "but of course I have". That question was asked in order to evaluate his prior position that my father "would not die of prostate cancer". Then it becomes very clear that when Mr. Montealegre was providing his first very categorical answer (that my father would not die of prostate cancer), Mr. Montealegre was indeed very aware of these very aggressive types of cancer in men the same age as my father, he was withholding information, and leaving it abundantly clear that his behavior was the result of medical negligence and neglect for the life of his patient. Where was Mr. Montealegre when we asked him of the risks of not pursuing any form of curative procedure (e.g. radical extraction or radiation) for the potential cancer ? Why did Mr. Montealegre very conveniently hid the truth ? why that obsession, that compulsion to always establish maximum certitude from his intellectual pulpit ? Why does he conveniently hide these statistics at the expense of the patient’s well being ?

 

Error Number 2.  Manipulation and Blocking Against Curative Treatments

There are ways of destroying a prostate cancer when it is still localized inside the prostate. Tipically these treatments include radical prostate extraction or radiation. In my father’s case, Mr. Alvaro Montealegre Mata was completely against these treatments, which, according to his logic, his ruling was completely justified due to the premise that my father would never die of prostate cancer and thus the priority became to preserve his "quality of life’" avoiding the discomfort of unnecessary procedures. There are several problems with Mr. Montealegre’s postulates:

  1. That no curative procedure is necessary because according to Mr. Alvaro Montealegre Mata, "don Marcial is not going to die of prostate cancer, he is going to die of anything else, but not prostate cancer". To have lifted such premise would have forced the opening to the possibility of a radical prostatectomy or radiation therapy.
  2. That "radical extraction is a crazy thought and that under no circumstance or under no point of view should be considered". It is very difficult to argue against such an absolutist logic as that of Mr. Alvaro Montealegre Mata’s, which carries that much more weight because it comes from an urologist approved, affiliated and who routinely performs surgeries at the Clinica Biblica in San Jose, Costa Rica, an urologist who works at Hospital Calderón Guardia in San José, Costa Rica, and has been a member for many years of the Colegio de Médicos y Cirujanos de Costa Rica. If this were an opinion presented under a more sober perspective, one that considers the risks and tradeoffs of all alternatives, the patient would then be clear that there is a decision that he needs to evaluate and assume responsibility for. How can a urologist that represents the prestige of the Clínica Bíblica and the Hospital Calderon Guardia make such an implausible, unreal, dangerous and irresponsible asseveration ? Mr. Montealegre’s militant language seems to suggest that this is a case of systematic, chronic negligence. The fact that Mr. Montealegre makes this asseveration in such a radical and absolutist fashion, strongly suggests to the patient that it is crazy and ridiculous to think that there would be another physician in the world that could think otherwise and thus discourages the patient from pursuing second opinions.
  3. That my father would not tolerate a prostatectomy at his age, older than 80 years old. There is an informal statistic that, when there is not an individual medical evaluation of a patient, suggests the general preference that, men older than 75 years old should not get a prostatectomy. There are several problems with the use of such statistic as a replacement of the individual medical evaluation:

If I tell Mr. Alvaro Montealegre Mata that I have 100 anonymous cases with prostate cancer which will not be reviewed individually and need to be treated, it may very well be that the solution would be to appeal to statistics to decide on the procedure to follow for each case. But my father went to Mr. Montealegre only with his own individual case and it is Mr. Montealegre’s hipocratic obligation to evaluate him individually and not become blinded by his obstinate insistence of considering him as good as dead by other natural made-up causes contrary to the evaluations of the specialists which were consulted by Mr. Montealegre himself. Under the "quality of life" slogan, Mr. Montealegre’s procedures seem to be more consistent with the "generous" administration of euthanasia to my father. Mr. Montealegre can use as reference any and all the statistics he wishes to use, but at the end of the day it is his obligation to specifically correlate each aspect of patient comorbidity with the statistics, in order to emit an educated evaluation which is sufficiently transparent so that the patient and his family can make their own decision.

 

Error Number 3. Blocking of Early Detection and Quality of Life Improvement Procedures

 

Error Number 4. Distorsion of my Father’s Physical Condition to Avoid the Questioning of His Diagnostic

Mr. Alvaro Montealegre Mata always minimized my father’s life expectancy, contradicting physicians to whom he had requested an evaluation and making up a fictitious symptomatology, which allowed Mr. Montealegre to avoid a sober and realistic evaluation of his decision to disregard curative alternatives. Examples:

 

Error Number 5. Systematic Disrespect for Persons of Age

In order to perform a fair patient evaluation, a physician must recognize individual variations and characteristics. Of course this does not exclude cardiovascular conditions, given that is possibly one of the essential characteristics in the determination of surgical procedures.

There are men more than 80 years old that still run marathons like the New York and Boston marathons. It is possible that someone could view these individuals as suicidal psychopaths with a death wish. However, if they accomplish these goals time and time again we would have to conclude that they have contracted a failed suicidal path, or that instead they are fine athletes with excellent vascular and muscular conditioning, that they know their bodies very well and that for them, a marathon may be a routine exhibition of their physical condition. As a physician, it is the moral obligation of Mr. Alvaro Montealegre Mata, to understand these individual differences instead of criticize them with obstination.

Similarly, we knew very well my father’s excellent physical state because we would see him daily, day in and day out, running and walking 5 kilometers a day, in addition to lifting weights, and doing pilates. He would also climb up the roof to fix leaks, go up our mango tree for ripe mangoes, etc. His tennis friends, 30 years younger, knew my father’s physical condition and what it meant to be able to play with them for hours under a 34C heat and still ask them to continue to play even longer. We communicated his condition to Mr. Alvaro Montealegre Mata early on and in repeated occasions but Mr. Montealegre ignored it systematically.

During the time that Mr. Alvaro Montealegre Mata was treating my father, my family took my father to La Paz waterfalls in Costa Rica and there they ran into Mr. Montealegre. This is a sequence of 5 waterfalls that you can visit by walking down sets of stairways embedded in the bluffs by the side of the river bed. This was a route that normally would not pose an out of routine effort for my father. Later on, Mr. Montealegre strongly criticized the family, essentially scolding the family, for having allowed my father, an elderly person of more than 80 years old, to walk the entire route. He added that no person of similar age should be allowed to perform a physical effort of that kind. How can it be possible that someone with this type of medical prejudice and taboos be in charge of deciding life or death for his patients, specially when the great majority of his patients are elderly ? How trustable can a physician’s opinion be when he or she denies the reality of the physical condition of his / her patients ? how trustable will his judgement be to determine if the patient is capable of tolerating a curative procedure ? How can a patient trust the judgement of such a physician ?

We understand that the aging process is pervasive, comprehensive and inescapable, but given the evidence corroborating that my father’s vascular condition was enviable, we consider a devaluation of the patient’s life and professional negligence for Mr. Alvaro Montealegre Mata to assume that my father is ready to die and that his responsibility as a urologist is to facilitate the euthanasia for him.

Behind Mr. Alvaro Montealegre Mata’s euthanasic paradigm, there seems to be a disguised condescension towards the elderly, and a systematic discrimination by not awarding them the physical merits which they have already demonstrated to themselves routinely as well as their right to be respected and evaluated objectively and with intellectual sobriety.

 

Error Number 6. Appropriation of the Family Right to Make Decisions

If Mr. Alvaro Montealegre Mata were to present real statistics, with sobriety, as they are, as it is its moral obligation under his hipocratic oath, the articles of the Moral Code of the Colegio de Médicos y Cirujanos de Costa Rica, and the standards of the Joint Commission International, this would have allowed the family to take early action in the matter so as to measure and monitor cancer aggression and to evaluate the probabilistic risks of extraction, radiation, etc., according to the specific and individual characteristics of this case. All this is impossible under Mr. Montealegre’s presumed credibility, when he tells us that this potential cancer was never going to be a problem for my father, and by not authorizing PSA monitoring saying "I don’t want you to be performing exams that I have not authorized". A risky decision of life and death must be made by the family, with knowledge of cause, and not appropriated arbitrarily by the obstination of a physician that rejects the recognition of the basic statistics surrounding the case.

We are not asking Mr. Alvaro Montealegre Mata to be a good physician or one that accepts or executes our decision for course of action. The only one thing we ask of Mr. Montealegre is that he adheres to the ethical code in his relationship with the patient so that he does not hide nor distorts basic statistics which will allow the family to make the decisions that our inalienable right to our free will allows us to make as human beings and with respect to our most precious possessions which are our own lives. We are not asking Mr. Montealegre to be a good physician, but simply to exhibit a minimum of professional decency to inform the patient accurately and objectively and to follow the example, not only of other physicians that adhere to their hipocratic oath, but also of illiterate labor workers who routinely state timely warnings regarding their customer expectations.

In addition, each family has its own financial considerations, which Mr. Montealegre does not take the time to detail. It is of no use to leave a cancer in place, if the subsequent therapy to control it will be financially out of reach for the patient. A family that opts to leave a prostate cancer in place may need to be ready to spend up to $15,000 per year on medications and others, and that is certainly a factor in the decision making process.

 

Error Number 7. Relegation of the Patient’s Well Being to a Secondary Priority

Mr. Montealegre must remember that as a physician he is in a position of service to the patient and it is not the patient who is at the service of Mr. Montealegre’s intellectual posturing and statistical experimentation. Mr. Montealegre needs to decide to whom to serve, whether to the individuality of each patient, or to his compulsion to exercise with intellectual militancy his distorted version of reality to blindly impart it to his subjects.

 

Error Number 8. Disdain for the Inquisitive Intelligence of the Patient

Mr. Alvaro Montealegre Mata always refused the intelligent dialogue, the one which starts with precise questions that need to be explored and answered seriously, and he did so underestimating the question’s intention, by letting it seem instead, that the questions and doubts came from the imbecility of the patient’s family caused by their lack of understanding of sophisticated concepts such as "quality of life", or the inexorable consequences of aging. This was used by Mr. Montealegre as a license to distort the family’s concerns and thus avoid sober, precise and serious dialogue deserving of a potential cancer situation. That is, Mr. Montealegre seems to have the norm of underestimating the intelligence and emotional quality of the patient and his family, in order to escape his responsibility to inform and confront with sobriety, rationality and individuality the evaluation process.

 

Additional Observations

Mr. Alvaro Montealegre Mata gave us the impression that he was upset every time the family made a reference to the fact that an elderly patient, my father in this case, had the vitality and the conditions to live a long life. It almost seems that for Mr. Montealegre, once a person reaches a certain age, they are assumed to be finished with life and he wants to see them just sitting in a rocking chair waiting for their ultimate and nearing fate, and he sees his professional roll as euthanasic though superficially because he does not even seem to defend with actions his "quality of life" banner in order to protect their descent to their graves.

Mr. Alvaro Montealegre Mata must be capable of explaining his decisions in simple and clear terms, which go in accordance with the equally simple questions and observations made by my father’s friends. For example, they say, "how can that be possible that Marcial has died ? If only three months ago he was full of life and with a vitality that we all envy. Why didn’t they extract the prostate if they did it for X and Y when they were already past eighty years old, and they never were even the shadow of Marcial’s vitality and physical condition. I mean, they look like 15 years older than Marcial. If they extracted the prostate for these guys and they are still going to the club and playing tennis, they could have extracted it for Marcial without a problem. Gosh ! how could Marcial not tolerate a surgery like that ! And who told you that in Marcial’s case, you could not extract his prostate ? and I thought that I was going to die 10 years before Marcial !". I would like for Mr. Montealegre to be present in those groups so that he can respond to those questions with equal clarity.

Because of the arrogant fashion in which Mr. Alvaro Montealegre Mata adheres to his prejudices and his decision making, and the easy way in which he becomes detached when his militant professional bets turn out to be false, we hope that institutions that hire or certify him understand above all, that it is their responsibility to look after the well being of patients to come.

should we then conclude, for the good of his patients to come, that Mr, Montealegre is a charlatan ?

I am not a urologist and I am not a physician, but it would not occur to me to accept a patient with movement in his PSA indicator and not present him with the following:

 

  1. A map or tree of possibilities with known statistics so that any possible future outcome be contemplated within these possibilities and therefore had been explained, pondered and considered a priori and with knowledge of cause, and therefore does not produce a shocking surprise for the patient in the future. By contrast, Mr. Alvaro Montealegre Mata, launches the patient into a utopic vision of a fictitious outcome, but such that when things complicate and the result is exactly the opposite of the prediction, then Mr. Montealegre washes his hands, detaches from the situation without regrets nor apologies and tells the family, "oh no, don’t call me for that, because that is not my field of expertise, my specialty is urology, and you need to find an oncologist now, but you’d better make it like right now".
  2. Give the patient a road map, a sense of direction regarding what other doctors in the region do, standard and not so standard practices and levels of success, specially for Costa Rica being such a small country and closed community. This gives a patient a perspective about the alternatives available to him, range of options, and the degrees of dissention among the members of the urology community. By contrast, Mr. Montealegre ridicules the other options to the extreme that, if we assign Mr. Montealegre a dab of credibility, such alternatives should never be considered by the patient, and to even explore them would be a waste of time counter productive with the advance of the mythological solution stipulated by Mr. Montealegre.

 

Complaint to the Clínica Bíblica

I understand that the Clínica Bíblica (http://www.clinicabiblica.com) wishes to enjoy a good reputation in and out of Costa Rica as an organization with high standards and under his auspice it intends to infuse confidence and a sense of consistent medical practice contrary to the uncertainty of medical malpractice. One of the primary obligations of a physician and a medical institution towards the patient is that of providing clear, concise, realistic and timely information to the patient with respect to risks and alternatives regarding his medical condition. These are obligations which have been clearly established by all international health institutions, specially in the United States, Canada and Europe, such that a departure from this obligation can trigger millionaire lawsuits against the institution. Therefore, it is really difficult to find physicians in the United States, for example, who omit clarifications of risks, side-effects and available alternatives to a patient, or who assign to themselves a decision that belongs to the patient. This practice is so obvious and fundamental, that it has become the abc and the starting point of the physician-patient dialogue. I imagine then, that this practice gains even more importance at the Clínica Bíblica, given the following:

Therefore it follows that the Clínica Bíblica should be asked the following questions:

 

Complaint to the Colegio de Médicos y Cirujanos de Costa Rica

Mr. Alvaro Montealegre Mata is a physician member of the Colegio de Médicos y Cirujanos de Costa Rica (http://www.medicos.sa.cr/web/). This document shows in detail how Mr. Montealegre’s behavior, described above, represents violations to specific articles in the board’s Code of Medical Morality (http://www.medicos.sa.cr/Leyes/leyes01.php o else http://www.medicos.sa.cr/web/index.php?option=com_weblinks&catid=26&Itemid=23), including articles 2, 10 and 21 of such code.

Sincerely,