Posted On: March 28, 2008

Potential Dangers of Arbitration Agreements

Vesna Jaksic has an interesting article on Law.com on potential problems with binding arbitration agreements between doctors and patients, wherein patients sign away their right to a jury trial.

From the article:

Binding arbitration agreements between doctors and patients -- in which patients waive their right to a jury trial -- are becoming more common, a trend that could put patients at a disadvantage if medical malpractice disputes surface, attorneys warn.

A growing number of physicians, nursing homes and health care institutions are asking consumers to sign these agreements before offering services, said Stuart Ratzan of Miami's Ratzan & Rubio.

Some states have passed or are trying to pass legislation that would limit how these agreements are used. For instance, an act waiting for congressional approval in Washington D.C. would require (among other things) that the costs associated with arbitration be disclosed in the arbitration agreement. This is important because the patient must pay for arbitrators to do their job, whereas they do not have to pay for judges and juries.

It would be particularly disturbing if these agreements became common enough that people cannot get medical care without signing one.

Posted On: March 27, 2008

Medical Mistakes: A Doctor's Point of View

Tara Parker-Pope has an interesting interview with Dr. Gary Brandeland about how doctors deal with medical mistakes. Dr. Brandeland's obstetrical patient died due to someone else's error, but Dr. Brandeland still suffered from guilt over it. In addition to the interview with Ms. Parker-Pope, he has an essay describing the incident.

One of Dr. Brandeland's insightful comments is that mistakes tend to be more systemic than individual: nursing shortages and hospitals cutting back on staff to cut costs are factors that lead to overworked or confused nurses, which in turn lead to medical errors.

Posted On: March 21, 2008

Study Supports Reduction of Older Blood Use in Transfusions

A new study shows that heart surgery patients are more likely to die or suffer other problems if they get blood that has been sitting on the shelf for more than two weeks. The study, entitled Duration of Red-Cell Storage and Complications After Cardiac Surgery, was published in this week's New England Journal of Medicine.

From the linked Washington Post article:

A number of hospitals have re-evaluated long-standing practices and taken steps to minimize transfusions. One example: Duke University Medical Center in North Carolina has reduced its use of transfused blood products by 17 percent in the past 3 1/2 years.

Concern about the safety of older blood for cardiac patients is one reason for the change at Duke, said Dr. Sunil Rao, a Duke assistant professor of medicine who runs the cardiac catheterization labs at the Durham VA Medical Center.

If you will require a transfusion in the near future, this would be a good thing to ask your doctor and hospital about to find out their policy.

Posted On: March 21, 2008

Anti-Psychotics in Nursing Homes, Re-visited

In a previous entry, we discussed the phenomenon of a form elder abuse in nursing homes wherein staff give anti-psychotics elderly patients without psychotic disorders in order to make them easier to deal with.

Earlier this month, a study was released following up on that, showing which states have the highest rate of this form of abuse. Louisiana and Connecticut head the list, with Florida, Pennsylvania and New Jersey below the average.

Posted On: March 21, 2008

Lawsuit Settled in Missed Colon Cancer Diagnosis

Recently on this blog, we discussed the difficulty of diagnosing colon cancer and the problems that can ensue from rushing the colonoscopy procedure.

A lawsuit over just such a missed diagnosis due to a hastily-performed procedure has been settled between the Endoscopy Center in Nevada, one of its doctors and a former patient who now is unlikely to survive the next five years. From the article:

Kevin Rexford, a 46-year-old pharmacist, said Dr. Clifford Carrol, one of the clinic’s owners, missed a obvious colon cancer diagnosis three years ago. The alleged failure allowed the cancer to spread throughout his body and he now has only about a 10 percent chance of living five more years. Rexford is married with two young children....Experts who were paid to review the case on Rexford’s behalf said Carrol took only three minutes — half the minimum recommended time — to examine Rexford’s colon for cancer during a Jan. 28, 2005, procedure. His missed diagnosis allowed the cancer to progress to an incurable stage, the experts said.

The consequences of such haste are clearly severe and patients should be aware of the risks, as we said in our earlier post.

The Endoscopy Center has also been in the news recently because it was shut down earlier this month because it was linked to six cases of hepatitis C.

Posted On: March 21, 2008

Heparin Contaminant Closer To Identification

Earlier this month, the anticoagulant (blood-thinning) drug heparin was linked to 19 deaths in the U.S.A. as well as several hundred allergic reactions. A contaminant was thought to be the cause of these deaths, and now the Food and Drug Administration has said they have identified the contaminant:

The contaminant, the regulators said, is a chemically altered form of chondroitin sulfate, a dietary supplement made from animal cartilage that is widely used to treat joint pain. The agency’s announcement followed a report Wednesday in The New York Times that was the first publicly to identify the modified substance as the likely contaminant.

Disturbingly, in that same article, the regulators implied that they believe the contaminant was intentionally mixed with the heparin.

Posted On: March 14, 2008

Anesthesia Awareness More Common Than Previously Believed

What is Anesthesia Awareness, also known as Unintended Awareness? It is when a patient wakes up during surgery. When this happens, the patient experiences extreme pain but cannot move or cry out. The patient often also remembers parts of the surgery. This can have long-term emotional and psychological effects.

A new study shows that Anesthesia Awareness is more common than experts had previously thought. What can be done about this? From the article:

The position of the anesthesiologists group has been that brain wave monitoring should not be done routinely, but may be helpful for certain patients at high risk of awareness. Widespread use would be very costly.

Patients should talk to their doctors to determine their risk, if any, of awareness.

Posted On: March 7, 2008

Easy-to-Miss Lesions Most Likely To Turn Cancerous

A new study of colonoscopy suggests that flat, hard-to-spot lesions in the colon are the most likely to become cancerous.

American doctors have been aware of these lesions for a couple of decades. But until recently, there was little reason to think that they were dangerous when occurring in America, although studies done in Japan did reveal dangers. This new American study showed that flat or indented lesions were five times as likely to be cancerous than as polyps, which are much easier for doctors to spot.

From the article:

People who have just had a colonoscopy should not rush to schedule another one just to look for the flat growths, doctors said.

“I don’t think people have to panic that they’ve somehow been neglected and had poor care,” said Dr. David A. Rothenberger, deputy chairman of surgery at the University of Minnesota.

But he and other experts emphasized that people should see a doctor any time they have persisting symptoms that could indicate colon cancer, like rectal bleeding or a change in bowel habits — no matter how recently they had a colonoscopy. The test is highly reliable, but not perfect, doctors say.

Furthermore, some doctors have a hard time spotting even polyps: as the article says, a December 2006 study showed that some doctors are 10 times better than others at finding pre-cancerous polyps, and the difference largely had to do with whether the doctor took care doing the procedure or attempted to rush things.

Unfortunately, it is always difficult and often impossible to find a doctor's track record on this issue. Again, from the article:

The difficulty facing patients is how to be sure their doctors are doing a good job. Professional groups have issued guidelines about the best way to perform a colonoscopy, but they are recommendations, not rules. The groups also urge doctors to track their own success rates at finding precancerous growths to see how they measure up to standards, but even if they do keep track, the doctors do not have to share the data with anyone. And many people are loath to ask about it. The doctor wielding the scope is the last person most patients would want to offend.

“The patient really has no way to act as an informed consumer,” Dr. Smith said. “You can’t call up a facility and say, ‘By the way, is my doctor any good?’ or, ‘Tell me who the best one is.’ ”

It is important to remember that not all doctors are offended by questions about their track records, and that giving offense is less important than safe-guarding your own health. This is especially true if you have a choice of which doctor to go to, because that way you will not be stuck with a health care provider who might have been offended by your inquiries.


Posted On: March 7, 2008

Patients Need Access to Hospital Records

Two recent events highlight the need for easy access to information about a hospital's record of mistakes and violation of standards.

The Florida Supreme Court ruled on Thursday March 6th that patients have a right to see records on past mistakes made by hospitals and health care providers, including very old records, and that laws limiting access to such records are unconstitutional.

In more disturbing news, the Endoscopy Center of Southern Nevada violated hygiene protocols and, consequently, six cases of hepatitis C have been traced back to them. The linked editorial argues that detailed, publicly available information on medical centers and health care providers--standards, inspection results, past errors--is necessary for public trust in medical institutions.

Unfortunately, the Centers for Disease Control and Prevention has issued a warning that the Nevada incident may not be an isolated incident. It is likely that these safety problems exist in other clinics all over the country.