Doctor accused of throwing instrument at sales rep during surgery

Sunday, April 01, 2007

Christine Dobbyn
More: Bio, News Team

By Christine Dobbyn

(3/30/07 - KTRK/CLEVELAND, TX) (KTRK) -- A doctor in Cleveland in Liberty County is facing an assault charge. Police say Dr. David Howie threw a surgical instrument at a sales rep right in the middle of an operation.

Nicholas Spencer says he came out of surgery at Cleveland regional medical center on March 8 injured, and he wasn't the one on the operating table.

"That was just a blatant assault," said Spencer. "He knew what he was doing and what he was throwing."

Spencer says he was struck above the lip by a HIBB retractor thrown by Dr. Howie. It's a metal instrument with teeth on one end used in surgery.

"Lip swelled, there was a cut underneath," said Spencer.

As a sales rep for a company that supplies instruments to orthopedic surgeons, it's quite common for Spencer to be in the OR during surgery.

"I'm not a surgeon," he said. "I don't deal with the pressures, but he doesn't need to be hitting part of the team in the face with instruments because he's aggravated about something."

Spencer cleaned up and continued with that job, then went to Cleveland police. Detective Scott Felts says after interviewing several witnesses from the OR, even Dr. Howie, they charged the doctor with assault.

"He didn't deny it, but he had a different version than some of the witnesses we interviewed," said Detective Felts.

A spokesperson for Cleveland Regional Medical Center says their executive committee is also doing an investigation, though Howie only has hospital privileges and isn't employed by them.

As for Spencer, he says he is still dealing with the shock and mental anguish of that day.

"I think I'm doing the right thing to make sure this doesn't happen to anyone else," he told us.

Dr. Howie declined an interview with us, but denies the allegations Spencer makes. According to the Texas Medical Board's website, Dr. Howie has been a licensed physician in Texas for eleven years. He has no prior history of disciplinary action by the board. A spokesperson says they can't comment on any potential or current investigations.
(Copyright © 2007, KTRK-TV)

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