Friday, March 20, 2015

Some Good News: Hospitals become Healthier

In 1999, The Institute of Medicine issued a study highlighting the dangers of hospitalization, particularly illness or injury caused by treatment or by medical evaluation. The report called for a comprehensive effort to lessen hospital errors that resulted in death by 50% in five years. Five years later, the goal wasn't satisfied; nonetheless awareness of the situation rallied the healthcare industry to make modifications which are finally showing results.
Measurements of patient safety have been set up to properly gauge the issue. To ensure continuing improvements, we must be able to assess the expenses of patient injury along with the reliability of existing techniques. Patient safety targets must be measured using solid data from the field.
A recent report from the Agency for Healthcare Research and Quality showed that we are improving.  Iatrogenic events (illness caused by medical evaluation or treatment) decreased 17% between 2010 and 2013.  The report revealed considerable declines in pharmacy errors including preventable allergic reactions and dosing with the incorrect medication. Pharmacy errors were reduced by 40% in the 2010-2013 time frame. Another significant section of enhancement was in a decreased likelihood of catheter infections and bedsores. Unfortunately, it remains unclear which important modifications contributed most towards the decrease in iatrogenic harm; though the cost savings are obvious. The savings to Americans were more than 12 million dollars throughout the reporting period. Closer investigation into what factors led to the most improvements in patient safety will hopefully lead to improvements and cost savings for the entire healthcare system.

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Tuesday, March 17, 2015

Trending: The Opioid Free Emergency Department

The epidemic of opioid abuse in the USA is undeniable. Prescriptions of opioid pain relievers have grown to approximately 207 million prescriptions in 2013 from 76 million in 1991. The United States is the biggest global consumer accounting for 81% of oxycodone prescriptions and nearly 100% of hyrocodone prescriptions internationally. The amount of deaths from prescription drug overdose has more than quadrupled since 1999 and is now one of the leading causes of death in the United States estimated at 114 deaths daily. Therefore, prevention is key to halting this alarming tendency.
Public policy reform of prescribing practices is necessary to reduce the out of control use of addictive analgesics. Physicians seem ready to face these pain management practices and explore non-opioid strategies to pain relief in the emergency department according to discussions at a recent conference of the American Academy of Emergency Medicine 21st Annual Scientific Assembly. A totally opioid ED is probably not realistic, however exploration of alternatives may supply a solution to the routine prescription of opioids in the ED and beyond.

We practice at the intersection of medicine and the law. Contact us today!

Tuesday, March 10, 2015

Recording Your Doctor Visit – Is that OK?

Anyone with a Smartphone can record their doctor's appointment with or without the physician knowledge or the physician's permission. There are lots of reasons that patients have to record a visit including to share the information with a caregiver or family member, to remember or refresh the recommendations given, and to review it in a more relaxing environment. Many doctors are opposed to being recorded for fear that the recording will be used in a lawsuit (possibly even edited to present only part of the dialogue), along with the very fact that the doctor-patient relationship is confidential. Most doctors say they'd refuse to be recorded if asked.

In most states it is legal to record an in-person conversation without getting consent from everyone present. Thus, even if your physician refuses to be recorded, you can legally still do it (check your state laws first). Some doctors feel trust is violated by these recordings and they would immediately terminate the doctor-patient relationship if they caught a patient recording an appointment. Some offices have posted warning signs or have written statements regarding the office's "no recorded visits" policy. Other physicians, however, do allow recordings and some even encourage it. These physicians believe that if you're practicing good medicine you have nothing to worry about. Patients that can review a recording later may follow recommendations and guidance more thoroughly. In some physician offices, all appointments are being recorded for the patient. In such instances, problems about partial or edited recordings being presented in court no longer apply. Having these recordings that are complete could prove useful in defense of any malpractice lawsuit as the advice to document everything will ultimately have been completely complied with.


We work at the intersection of medicine and the law.  Please don’t hesitate to contact us if you have any questions about our services!

Friday, March 6, 2015

Impaired Physicians: Whose Responsibility is it?

Addiction affects approximately 10% of the general population at any one time. Doctors are affected by addiction at a comparable rate. Addiction affects all facets of a person’s lifestyle – marriages are ruined, private lives crumble, and work performance suffers. It is the work performance that troubles people the most since an impaired physician may cause a whole lot of injury to others. Physician health plans (PHPs) have been in place in many states to aid doctors afflicted with substance abuse. They're able to give treatment and assistance to help the physician maintain his/her career. They also can offer future follow-up and monitoring of the physician. PHPs have a wonderfully high success rate for doctors around 80-90% long lasting success. The reasons for this large achievement rate involve highly motivated patients, rigid adherence, and long-term follow-up and monitoring. However, the use rates for these PHPs is quite minimal, most likely because of worry about these organizations reporting back to state licensing boards, concern with disciplinary action, losing one’s license, and career damage. Since PHPs do not generally report back to licensing boards such fears are unfounded.
Physicians often ignore or do nothing if they suspect there is a colleague suffering from substance abuse for concern with damaging his/her career. Physicians can also be very cautious to turn to a PHP by themselves. Generally, colleagues, businesses, or couples are the people to start the treatment. Luckily, following the development of PHPs, significant serious preventable events due to impaired physicians has dropped greatly and many physicians are referred to PHPs for before a major event can occur. If a major event does occur, the AMA established precedence a long time ago stating: “it is the physician’s ethical responsibility to take cognizance of a colleague’s inability to practice medicine adequately by reason of physical or mental illness including alcoholism and drug dependence.”

Please let us know what experiences you have had with repercussions of not reporting a physician who is impaired due to alcohol or drugs.

Tuesday, March 3, 2015

Physician Burnout Reaches Epidemic Proportions

Approximately 18 months ago I hung up my stethoscope and retired from my occupation as a primary care internist. I was miserable and disillusioned with my precious area of medicine. The increasing levels of bureaucratic tasks and documentation, too little time to spend with patients, and pay that was not consistent with my years of training and education made me, simply, burned out. According to a new report by Medscape, burnout is commonly signified by a loss of excitement for work, feelings of cynicism, and a low sense of achievement. Burnout happens when someone experiences constant stress with no capacity to recover from it day to day. By all measures, burnout is growing rapidly. Rates are being reported by survey results among doctors from 30 to 65%. Trends demonstrate that physicians in primary care or emergency medicine have the highest rates of burnout.
The effects of burnout are extremely real. Doctor suicide rates are higher than the overall public. Suicide is also the second leading cause of death among medical students. Other effects include diminished quality of care, loss of doctors in the profession, divorce, addiction, and severely diminished quality of life.
Many physicians are feeling the stress of bureaucratic pressure and the loss of autonomy resulting in animosity of the present practice environment. Political uncertainty, the danger of lawsuits, struggles for monetary compensation for services, and also the pressure to deliver the very best patient care despite these challenges, are some of the factors which may lead to burnout. Many physicians feel admission of depression or inadequacy can be career ending. The self reliant culture of medicine doesn't support taking care of oneself. There are methods to reduce stress, but it is unlikely that burnout will go away until doctors can recover some element of control over the system in which they work.
Please share your physician burnout experiences with us.  Can it lead to compromised patient care and medical malpractice

Friday, February 27, 2015

Attitudes Toward Medical Malpractice: A History


The first known case of medical malpractice involved a breach of contract litigation between a patient who sued a doctor that repaired a badly maimed hand, but did not meet expectations. The judge in that case set out some basic principles in medical malpractice:  If a patient is injured as a result of physician negligence, the physician is liable. However, simply being unable to heal a patient does not represent medical malpractice. The term "medical malpractice" wasn't coined until 1765 in England describing neglect or unskilled practice by a doctor that ultimately leads to harm.
Starting in the 1840s, malpractice lawsuits became more common as the physician started getting the blame for poor medical outcomes. Reasons for this included: the citizenry had discarded beliefs about God being in charge of poor outcomes, poor medical training, and also no medical standards.  The American Medical Association was formed in 1847 and began developing standards of medical care. The doctor's performance could then be measured against these standards which actually encouraged more patients to sue. Many patients began hoping for monetary judgments even if they did not actually believe the doctor was at fault.

Improvements in medicine fueled, and continue to fuel, malpractice lawsuits. Patients who before may have simply been thankful to survive, began to anticipate being cured, not just being happy to be alive -- being alive, but disabled wasn't good enough. Malpractice suits are likely when patient expectations exceed what medicine can produce. For example, lawsuits over obstetrics are considerably more common that litigation over geriatric medicine. Many folks acknowledge that modern medicine hasn't promised a cure for old age, but feel that a risk free delivery and a healthy infant is assured. Sadly, medical advances can lead to a rise in medical legal problems as patient become more demanding and unrealistic results are expected.

We work at the intersection of law and medicine.  If you have any questions about our services, don’t hesitate to contact us!

Tuesday, February 24, 2015

Telemedicine: The Future of Urgent Care?


Telemedicine has proven useful in prison communities and rural areas, and a few providers are looking to the future with low cost telemedicine for nursing home continued care. Inadequate expert resources in certain regions have driven the market for telemedicine practices that can deliver expert care at lower prices. There's been numerous peer review papers published over the last 20 years that support clinical utility and the cost efficacy of telemedicine. Solutions to several of the technical challenges related to telemedicine are being developed to improve outcomes and lower costs.
Cloud-based applications like Virtual Health use video technology with virtual clinical services. A patient can connect with their physician by video portal, enter information about their health, and then clinical triage tools analyze the info to find out if an online visit is appropriate. Healthcare in the cloud allows health care organizations to get software options and the newest infrastructure and allows providers to economically adopt new technology as needed, increasing clinical capabilities cost effectively. A virtual health display refers to an interface revealing the patient's vital signs through a unit like Google Glass and could be utilized to monitor patients when the doctor isn't in proximity to the patient.
Telemedicine has been around for over two decades, however just recently has been more highly integrated into the healthcare system with digital physicians already playing a function in some rural settings in the usa, and in underdeveloped countries all over the world. Regulatory hurdles are playing an important part in slowing the pace of innovation and in keeping technology costs high. Current difficulties must be recognized by businesses and innovative health care alternatives developed in combination with health care organizations. It is important to be able to seamlessly and rapidly incorporate electronic medical records, biometric devices, and other info into both the user system and software for appropriate analysis. Telemedicine is an idea whose time has come. It holds the possibility of better use of scarce resources and improved access to healthcare.