News

November 10, 2008

Prison-doctor license revocation upheld

Pa. appellate court: Board ruled correctly that Bardell was negligent in treating inmate, who died in ’02.

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
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A state appellate court has upheld the revocation of the medical license of a prison physician whose lack of care was blamed for the death of a Luzerne County woman.

The state Commonwealth Court said it concurred with the State Board of Medicine that Dr. Craig Robert Bardell was grossly negligent in the treatment of 26-year-old Erin Finley of Wilkes-Barre, who suffered a fatal asthma attack while housed at the State Correctional Institution at Muncy.

Bardell was a physician with Wexford Health Sources, which provided medical services to the prison.

Finley, who was serving a sentence on a theft charge, was a severe asthmatic who required oral steroids to control her condition. Bardell ordered prison staff to discontinue giving her the steroids, however, based on his belief that she was “faking” her symptoms.

According to court documents, Finley began experiencing severe asthma symptoms upon arrival at SCI Muncy in July 2002. The state Board of Medicine determined Bardell performed only a perfunctory examination of Finley and failed to obtain her medical records, which would have revealed the extent of her asthma.

On Aug. 29, Finley suffered a severe asthma attack. Despite her pleas that she could not breathe, Bardell refused to see her, according to the documents. Finley collapsed later that day and died.

In a November 2007 ruling, the Board of Medicine revoked Bardell’s license, ruling he had engaged in unprofessional conduct and had failed to provide proper medical treatment to Finley.

Bardell appealed to Commonwealth Court, arguing the penalty was too severe. The court rejected his argument.

“It is clear from the record that Dr. Bardell’s cavalier disregard of Ms. Finley’s condition . . . fell grossly below the standard of care in examining and treating her,” the court said.

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.

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