Medical Malpractice Bulletin – September, 2010

In this issue:

  • Disclosing errors reduces claims and costs for hospitals

Perspective: Should consent to life-saving procedures have a “sunset clause?”

By Charles A. Pilcher MD FACEP

Your 88 year old mother has just been admitted to the ER with a severe stroke. The doctor comes out of the resuscitation room, explains the gravity of the situation, and says that because of brain swelling, an endotracheal tube and artificial ventilation is needed. He asks for your consent to do the procedure. Should your consent have a “sunset clause”? More ->

Neutral radiologists fail to detect x-ray abnormalities found by “experts”
In a recent study of radiologic abnormalities alleged by experts to have been present and missed by board certified radiologists in malpractice suits, 32 neutral radiologists failed to find the abnormality found by the “expert.” Both plaintiff and defense attorneys will want to keep this in mind for future reference.

Disclosing errors reduces claims and costs for hospitals
A study in Annals of Internal Medicine reports that  there were fewer lawsuits and claims after the University of Michigan began a program to disclose medical errors to patients and families. The program handles such errors “by initiating discussions with patients and families, conducting internal investigations, and offering apologies with offers of compensation should those investigations reveal medical errors.”  A summary of the study was published August 19 in the New York Times

Personalize informed consent gives more specific risk estimates
Two US hospitals are exploring the value of “personalized informed consent” for patients undergoing cardiac cath and potential angioplasty. According to the article’s author, the typical patient signing an informed consent form is neither informed nor consenting. Previous studies show that about half of patients signing such forms don’t really have a clue. “Everything that could be wrong with informed consent is wrong,” says one commentator.

Electronically Stored Information a potentially huge cost in the litigation of medical malpractice issues.
With more and more medical information being stored electronically (ESI), and more and more physicians using electronic medical records (EMR), changes are occurring in the evaluation of medical malpractice allegations. This includes the need for high-powered technical assistance to both physicians and attorneys to sort out all the hidden details of ESI. Those details include large volume, dynamic nature, content, availability, and custodial issues, among others. Retrieving the details of such information can be a huge hidden cost. A readable overview by Denny Maher, MD JD and Tim Layton JD MPA from “WSMA Reports” is available here.

Camp Korey: Former Carnation Farms property is now a summer camp for kids with medical challenges.
I again spent a week this summer providing medical care at Camp Korey in Carnation. Camp Korey offers a free summer experience to kids with diseases so debilitating – like organ transplants, cancer chemotherapy, congenital anomalies, and dialysis – that they are only able to attend a camp with 24 hour physician care. This worthwhile project is in the final stages of accreditation as one of the “Hole in the Wall Gang” camps begun by the late actor, Paul Newman.

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