Senators take advice on malpractice law

ASHER: Asher Lubofsky is shown in a social media post by his father, David Lubofsky. Asher Lubofsky died on Oct. 31, 2018. Photo courtesy of David Lubofsky

The Guam Board of Medical Examiners has so far determined that Dr. Shishin Miyagi has committed no violation of the Physicians Practice Act in relation to a complaint filed by David Lubofsky, the father of a 5-year-old boy who died shortly after returning to Guam from the Philippines.

"(Lubofsky) put in a complaint to see whether or not Dr. Miyagi's behavior and documentation met the practice standards for Guam," Dr. Nathaniel Berg, the board chairman, said during an April meeting.

"The official records were submitted and they look for all intents and purposes like a regular wellness child visit, and I can't see anything that looked out of the ordinary. I don't know if anyone else did," Berg added.

Other board members present during the meeting agreed with the chairman's observations.

Lubofsky's complaint involved Miyagi's failure to diagnose his son, but Berg said he could not find any such evidence within the medical records and there were no signs of significant illness in the child. The board discussed obtaining additional information from the Seventh-day Adventist Clinic, where Miyagi worked, on any internal reports or indicators that Miyagi was not meeting standards or if the case was an unusual event.

"To be sure that we're not missing something, if they had any internal issues, because we're not seeing anything. That's what we've done with hospital-based cases, is to ask the department for their opinion," Berg said.

'Close any further discussion'

On May 16, the medical examiners board sent a letter to Miyagi absolving him of any violation at this time.

"After further review and discussion based on reports submitted, the board at this time has no findings of violation," the letter stated. "Therefore, recommendation to close any further discussion."

Miyagi examined Lubofsky's son at the SDA Clinic a few days before the child would be admitted to Guam Memorial Hospital, and ultimately succumb to illness. Lubofsky contends that he informed Miyagi of his son's symptoms but he was told nothing was wrong.

Lubofsky has filed a lawsuit against Miyagi, a physician assistant, SDA and their insurance company. He also has filed a government claim against the hospital.

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