Posted: Tue Jan 03, 2006 6:17 pm
"It is a cop out for doctors to blame all of their practice ills on attorneys."
Precisely. That's why we blame some, and the responsibility is on the individual to study study study, the supervisors to ensure quality care, and all to support a culture of safety and improvement.
Do you know what happens to a culture of safety when lawsuits are rampant? Reporting an error is fundamental to recognizing why they occur and preventing the next one. The punitive legal landscape is at direct opposition to disclosure at work and with patients (I *still* support it).
"Not every unnecessary test can be blamed on lawyers."
Nope, just some. Why would we EVER find that ANYTHING is ALWAYS the fault of ANYTHING? It's always complex. In Rich's case, the problem was an issue of "can do = should do" and a lazy mentality that doesn't routinely ask WHY every test and action is needed, and I'm sure defensive medicine contributed. Extra tests is a good example of how the "standard practice" standard is crummy. I've been working to reeducate the inpatient residents who routinely order full panels of tests daily because they're worried about missing something. This amounts to over a hundred dollars of wasted money per patient per day! I have them THINK about their ordering and recheck a potassium if that's what they need, not a metabolic panel, and not reorder "morning labs" if we need none. This will save us all money, and reduce pain and anemia for the patients, phelbotomy time, lab costs, and extra procdures for when they run out of veins. But I can recall maybe 2 patients the last year who did develop surprising problems (eg early kidney failure) that had delayed detection because I'd backed off on their "daily labs"--and you know what? Because the "standard" is idiotic daily ordering of unneeded labs, they might be able to win if they sued (we had good relationships so they wouldn't) and the costs from that one lawsuit would negate ALL the benefits of a year's work. THANKS, punitive / antagonistic legal culture
Rich mentioned the PSA--it's inaccurate and leads to a lot of extra testing over nothing and ALSO its unclear whether finding that prostate cancer actually helps men or merely subjects them to painful, expensive, incontinence and libido killing treatments. (There was a big study in NEJM which showed that PSA detected prostate cancer patients had a survival advantage over those watchfully observed, suggesting a benefit to screening, however). But when national guidelines and the inconclusive evidence were observed by a resident AND discussed with a patient, that man STILL sued and won because his skipped PSA meant a delayed cancer diagnosis (see "a ppiece of my mind" section from JAMA). It was like an obstetricts case: sad patient with permanent or sad illness and test which is supposed to have helped they didn't do? Cha-ching! Forget about whether there's any proof the PSA helps and forget about the fact there's proof the fetal monitoring DOESN'T help.
Is there going to be a class action lawsuit for the victims of unnecessary testing who suffer painful prostate biopsies or get an infection from the line that was put in after IV sites were exhausted doing pointless labs? Probably not--here's the funny question though: would it target the lawyers who induced the doctors to make those mistakes to protect themselves from other lawsuits? Or would it target the lawyers who induced those problems in the first place?
"And if a doctor is more careful in treating a patient because she’s afraid of a lawsuit, is that a bad thing?"
No. It's only bad when that doctor orders a test that's not needed or gives a medicine against his or her judgment because of subtle or specific lawsuit threats and then costs, side effects, and a perpetuation of the situation harm us all.
Precisely. That's why we blame some, and the responsibility is on the individual to study study study, the supervisors to ensure quality care, and all to support a culture of safety and improvement.
Do you know what happens to a culture of safety when lawsuits are rampant? Reporting an error is fundamental to recognizing why they occur and preventing the next one. The punitive legal landscape is at direct opposition to disclosure at work and with patients (I *still* support it).
"Not every unnecessary test can be blamed on lawyers."
Nope, just some. Why would we EVER find that ANYTHING is ALWAYS the fault of ANYTHING? It's always complex. In Rich's case, the problem was an issue of "can do = should do" and a lazy mentality that doesn't routinely ask WHY every test and action is needed, and I'm sure defensive medicine contributed. Extra tests is a good example of how the "standard practice" standard is crummy. I've been working to reeducate the inpatient residents who routinely order full panels of tests daily because they're worried about missing something. This amounts to over a hundred dollars of wasted money per patient per day! I have them THINK about their ordering and recheck a potassium if that's what they need, not a metabolic panel, and not reorder "morning labs" if we need none. This will save us all money, and reduce pain and anemia for the patients, phelbotomy time, lab costs, and extra procdures for when they run out of veins. But I can recall maybe 2 patients the last year who did develop surprising problems (eg early kidney failure) that had delayed detection because I'd backed off on their "daily labs"--and you know what? Because the "standard" is idiotic daily ordering of unneeded labs, they might be able to win if they sued (we had good relationships so they wouldn't) and the costs from that one lawsuit would negate ALL the benefits of a year's work. THANKS, punitive / antagonistic legal culture

Rich mentioned the PSA--it's inaccurate and leads to a lot of extra testing over nothing and ALSO its unclear whether finding that prostate cancer actually helps men or merely subjects them to painful, expensive, incontinence and libido killing treatments. (There was a big study in NEJM which showed that PSA detected prostate cancer patients had a survival advantage over those watchfully observed, suggesting a benefit to screening, however). But when national guidelines and the inconclusive evidence were observed by a resident AND discussed with a patient, that man STILL sued and won because his skipped PSA meant a delayed cancer diagnosis (see "a ppiece of my mind" section from JAMA). It was like an obstetricts case: sad patient with permanent or sad illness and test which is supposed to have helped they didn't do? Cha-ching! Forget about whether there's any proof the PSA helps and forget about the fact there's proof the fetal monitoring DOESN'T help.
Is there going to be a class action lawsuit for the victims of unnecessary testing who suffer painful prostate biopsies or get an infection from the line that was put in after IV sites were exhausted doing pointless labs? Probably not--here's the funny question though: would it target the lawyers who induced the doctors to make those mistakes to protect themselves from other lawsuits? Or would it target the lawyers who induced those problems in the first place?
"And if a doctor is more careful in treating a patient because she’s afraid of a lawsuit, is that a bad thing?"
No. It's only bad when that doctor orders a test that's not needed or gives a medicine against his or her judgment because of subtle or specific lawsuit threats and then costs, side effects, and a perpetuation of the situation harm us all.