Medical Malpractice Bulletin for December, 2008

CONTENTS:

Perspective:  MRSA: What’s all the fuss about?

There’s lots of recent hype about infections with MRSA (methicillin resistant staphylococcus aureus). The media uses that hype to sell ad space, but for the medical profession it’s old news. Here’s a reality check:  The problem is not so simple. Many of us are infected with MRSA already and don’t know it. Blame your friends, blame your family, but it ain’t always the doctor’s fault. Here’s a current perspective.

Freedom of conscience issue likely headed for California Supreme Court
A physician who refused to perform artificial insemination for an infertile unmarried lesbian because of his religious beliefs was sued by the patient, despite his referral of the patient to another physician who could provide the same service. The case has been in the courts of California for 9 years. Here’s an update for those interested in freedom of conscious issues.

Hospital boards can run the hospital, but not the medical staff
A recent Florida case was highlighted last month. Here’s more, with an emphasis that the case is likely to discourage hospitals across the country from attempts at weakening medical staff influence on quality of care issues. Click here for the full article. In short, here’s the scenario:

  • When the medical staff declined to recommend disciplinary action against two pathologists, the hospital unilaterally suspended the privileges of the pathologists.
  • A trial court reinstated them.
  • An appeals court upheld the trial court.
  • The hospital board then summarily removed the medical executive committee and changed its own bylaws so it could unilaterally amend medical staff bylaws, which was naturally rejected by the medical staff.
  • The hospital then turned to the legislature, which passed a law allowing them to do just that.
  • Both parties then turned again to the courts, where the law was overturned, even after the hospital appealed all the way to the Florida Supreme Court.

[Some people just can’t let go. cp]

In a related case in California, the appeals court voided a hospital board’s ability to impose a new board certification rules that would result in loss of privileges for a physician who was not given the opportunity to comply with the rule. The court said that retroactive rule-making is not the way to address issues of practice standards.

Physician disciplinary history available online
Medical Boards are becoming more transparent by publishing online any disciplinary actions against physicians.  The Federation of State Medical Boards has made publicly available a Physician Profile from its comprehensive, nationally-consolidated data bank. Information includes disciplinary sanctions, education, medical specialty, licensure history and locations.   Access to similar information for the state of Washington can be found at the Health Professions Quality Assurance website.

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