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September 10, 2008 at 21:14:24

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Promoted to Headline (H3) on 9/10/08:
Healthcare and the Malpractice Industry

by Mark Green     Page 1 of 1 page(s)

www.opednews.com

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                          Health Care and the Legal Industry     

It is hard to comprehend how much health care money is wasted each year due to the legal industry. From malpractice insurance payments and defensive medicine to the huge volume of medical records now generated simply to cover all possible angles of a potential lawsuit. Recently a patient of mine was in France and had the onset of a cardiac condition. She was treated for five days in a French hospital and discharged back to me. I received a full copy of the medical records by mail. The records were medically complete and detailed. Interestingly, there were fewer pages from her five day stay in the hospital than in one of our routine emergency visit charts. They seem more centered around medical information rather than on legal protection.      

Malpractice decisions have in some cases increased the chance of a bad outcome. When the "clot busting drugs" first became available for use in stroke patients we had some leeway on a time frame in which to use them. There is a risk anytime these drugs are used though the balance is that often this is the only chance one has to avoid certain paralysis. The current "legal" time window is three hours. At this point in time, if a stroke workup is completed at 3 hours and 15 minutes, the option to use this treatment will not be extended. We know if there is a bad outcome we will be sued due to being 15 minutes past the accepted time window. If we explain this to the stroke patient and if they would rather risk death than to be severely disabled, we could still be sued by the patient or the surviving family simply because they were under duress at the time of the stroke and therefore could not really give informed consent. In other words, we have very little option to treat this patient as they might want.      

In the same pattern, I saw a patient in an outlying Emergency Room when I was a resident who had suffered a bee sting respiratory failure and was brought in by ambulance. He was a lung cancer survivor by almost ten years, but still had a "Do Not Resuscitate" order on his medical record. He was unconscious and no family was available. I elected to put him on the ventilator anyway and within two hours he recovered enough to breath on his own. He was thankful. Never-the-less, for a solid year I worried about the possibility of a lawsuit for violating his written request. For if he had died in the process or within a year of the event, a gold-digging next of kin and a clever lawyer could have made a case against me.  Interestingly, had I let him die by honoring his ten year old paperwork, I would have been fully protected legally, though not morally.     

What we need is to establish a system of free standing 3 member arbitration panels that render binding judgments in the face of a bad outcome. Reasonable monetary damages could be awarded for ongoing care, treatments and support and would be based on similar judgments from across the entire medical system. Any practitioner mistakes could be tracked specifically and in aggregate to allow re-education or disciplinary action for the practitioner as needed and the data could be reviewed for system wide problems that also need correcting. This would eliminate the legal industry mantra that some lives are worth more than others, simply because they earn more money. The latter is the reason we have life insurance. In medical circles, the life of a janitor is just as important as the life of a corporate executive. 

The malpractice/legal industry has no place in medical care, though rational compensation is reasonable. 

Mark Green

10Sept2008

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I am an average person who happens to be very concerned about the state of health care delivery in the United States. So many politicians and other persons of interest spread so much misinformation about reform, the only way to make it happen is to (more...)
 

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Tag should be interstate commerce

Very good article.  There is a strange phenomenon in American society. Whether it be to insure bonds, homes from floods, planes from falling, or rain on a parade, there is the same thing--no federal law to regulate insurance companies.  Malpractice insurance is close to the heart of healthcare issues.  When HMOs captured the front door in doctor/patient relationships they also took on a major role in the malpractice question.  At least I've been told that.  Physicians with viable practices join "a group" for insurance reasons.  The fixes to the healthcare system since the 90s have, in my view, caused many people to have a hard time to have a real relationship with their doctors.  Now I'm reading reports of how medical students are not going into primary care.  No wonder.  It seems to me that in a few years one might be another person in a bullpen for an HMO.

Personally, I'm lucky, because I had a primary care doctor when I became old enough for Medicare.  However, during the early 90s, there was a chance I would move and didn't want to make a change unless I was sure I could have a patient/doctor arrangment.  I didn't move that far, but my doctor said  that some doctors were dropping their Medicare patients and others were not taking any new ones.  So I see this as impacting the elderly.  I wonder if this is the reason that "groups" are so prevalent.  If one wanted  good old vanilla brand of Medicare, I suppose it would be hard to get.  

by Margaret Bassett (45 articles, 2909 quicklinks, 42 diaries, 1851 comments [99 recommended, 0 rejected]) on Wednesday, Sep 10, 2008 at 9:37:53 PM

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Reply: Healthcare Woes

Dear Ms Bassett, 

Thank you and sorry to take so long to write back. Thursdays are call days and they run on the long side.  You are correct about medical students and primary care. Students are attracted to the higher paying, less work intensive specialties. Seeing the way reimbursement has developed, you cannot blame them. 

Medicare is a good, though incomplete, product.  Its major problem is  funding. The demand for services has grown faster than the funding.  In trying to control costs, all they can think of doing is decreasing the payment for an office visit.  It’s somewhat akin to looking at the cost of producing and owning a car, and paying the mechanic less in order  to conserve resources.  The mechanic's fee is a small part of the total cost, and poor maintenance, as you know, has its own rewards. 

Non-socialized single payer universal healthcare is the best system for America and it must be freed from the perversion of the legal industry.

I hope that statement is not too dramatic.  

Good to Hear from You,

Mark Green

12Sept2008    

by Mark Green (9 articles, 0 quicklinks, 1 diaries, 35 comments) on Friday, Sep 12, 2008 at 9:51:06 PM

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Malpractice

This is a beautiful article.  I couldn't agree more.  A facet that you didn't touch on, but that compliments the tenor of what you put forth, is a new policy toward "misadventures" that is emerging in several hospitals.

Several medical institutions are now adopting an attitude of complete disclosure in order to curb their malpractice suits when medical mishaps occur.  In the past hospitals and doctors were told only say what the lawyers tell you to say.  While doctors and nurses may have wanted to let the patient or their families know what happened, what went wrong, and appologize, this was discouraged.  But what they are finding is, for the most part, that the patient's and families accept the appology.

Doctors and nurses are just as human as the patients they treat, and when given the opportunity to express the nature of the circumstances, assuming that there isn't a case of real negligence, the patients tend to understand that sometimes bad outcomes occur, and the reduction in malpractice claims moving forward is evidence that what patients and families really wanted in the first place is an appology and/or an explanation.

Funny, treat people like human beings, and they act humanely.

    

by InsuranceTeaseDOTcom (0 articles, 0 quicklinks, 0 diaries, 43 comments [3 recommended, 0 rejected]) on Thursday, Sep 11, 2008 at 12:18:53 AM

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Reply: Humans behaving Humanely?

Dear InsuranceTease, 

Your point on full disclosure is well taken.  We follow that policy at the hospital where I practice.  It generally goes well and seems appreciated.  

In terms of general mishaps in hospitals, the Institute of Health’s analysis of medication related deaths is way over estimated.  They will not disagree that in their study if a patient was given an extra Tylenol above the ordered amount (a medication error), then died of what ever reason, that patient was logged in the study as a medication associated death.  Cause and effect were not intended to be addressed.  They were tabulated from statistical associations. Now, errors do occur and through bar coding arm bands, medications, and procedure orders, we hope to have a zero medication/procedure error rate in our future.  Like you said, however, we cannot get away from being human and we have to figure out a better way to deal with that. 

Human beings acting humanely!  That’s a pretty neat concept. Work on it some and we can see if we can spark any interest. 

Mark Green

12Sept2008

by Mark Green (9 articles, 0 quicklinks, 1 diaries, 35 comments) on Friday, Sep 12, 2008 at 10:20:32 PM

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