Mother Tries to Change HMO Law

By Cecilia Green

Published on October 25, 2005

Robyn Libitsky died of cancer after being repeatedly misdiagnosed due to the negligence of several doctors at Kaiser. However, the HMO decided to report only one of the six doctors to the Medical Board of California, and Robyn's mother is now attempting to change the law so that all doctors involved are reported.

Robyn Libitsky went to Kaiser Permanente 13 times within a five-month period at the end of 1999. Each time, the then 24-year-old complained of back pain, but each time doctors failed to diagnose the cancer. Instead, they gave her Tylenol, a prescription for sleeping pills, and physical therapy. And when they did take an X-ray, it was of the wrong part of her back.

When Libitsky was finally diagnosed with Ewing's sarcoma, a rare type of cancer, the disease had already progressed too far. Libitsky died in February of 2000.

Before her death, Libitsky filed a medical malpractice lawsuit against Kaiser. She was awarded almost $1 million in 2002 due to the negligence of doctors in their diagnosis and treatment. Libitsky's lawyers claimed that if the cancer had been detected during her first visits, she would have had a 65 percent chance of survival.

When the HMO, Kaiser, told the Medical Board of California that they were at fault, they named only one of the six doctors involved in diagnosing and treating Libitsky.

After asking why, under current law, HMOs can decide whom to report to the Medical Board, Libtisky's mother, Hillarie Levi, is now taking action to change the law, so that in the future, all the doctors involved in such cases are reported.

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