Articles Posted in Patient Privacy

ACEP-300x98Almost three dozen leading groups representing a range of doctors, specialists, and other health workers have called on the Biden Administration to deal urgently with the long-running but increasing and dangerous practice of hospitals allowing their emergency care facilities to be overwhelmed because they also are parking patients waiting for rooms and treatment.

This “boarding” crisis, already at breaking points for many exhausted ER staffs, will worsen and imperil patients even more if the nation gets hit — as growing indicators suggest is occurring — with a “tripledemic,” a choking load of coronavirus, flu, and other respiratory infections serious enough to require hospitalization.

The American College of Emergency Physicians (38,000 members), has been joined by the American Medical Association, the American Nurses Association, American Academy of Emergency Medicine (8,000 members) and groups representing family doctors, allergists, anesthesiologists, radiologists, osteopaths, psychiatrists, and many others in a recent letter to the administration, reporting:

healthrecords-150x150Patients have hit a red-letter day in the long, too-difficult struggle to win control of a crucial part of their care — their electronic medical care records. Hospitals and other caregiving institutions no longer can block access to these documents, with federal law now holding them accountable for any runarounds they may try.

As Stat, a medical and science news site,  reported:

“Under federal rules taking effect [Oct. 6,2022], health care organizations must give patients unfettered access to their full health records in digital format. No more long delays. No more fax machines. No more exorbitant charges for printed pages. Just the data, please — now. ‘My great hope is that this will turn the tide on the culture of information blocking,’ said Lisa Bari, CEO of Civitas Networks for Health, a nonprofit that supports medical data sharing. ‘It’s a ground level thing to me: We need to make sure information flows the way patients want it to.’”

fingersxd-150x150The quality of medical-scientific information is strained — and patients should know this, be warned, and watch for ways to protect themselves from bungled communication, bluster, hype, misinformation, and disinformation.

Although regular folks may have unprecedented access via the internet to resources on medical services and developments, a trio of recent news articles underscore the importance of the familiar warning Caveat emptor (buyer beware):

monkeypoxNIAID-300x259The worldwide struggle to contain a fast-spreading outbreak of monkeypox took on new urgency, with the World Health Organization declaring a global emergency and U.S. experts discussing whether the  viral infection is becoming yet another significant sexually transmitted disease that this country is ill-prepared to quell.

The WHO declaration, by WHO Director-General Tedros Adhanom Ghebreyesus, divided experts, some of whom were critical about the already pokey response to monkeypox or by others who said it was misguided.

Dr. Tedros conceded that the committee that advises him on global health emergencies had met twice, declining once to issue its alarm about the current monkeypox spread and then deadlocking on the issue. The WHO director used his authority to issue the emergency declaration, citing data showing that more than 16,500 cases have been reported in 75 countries.

facepox-150x150In the 21st century, in the wealthiest and supposedly most advanced nation on the planet, infectious diseases and vaccines continue to be major part of the news headlines.

Experts and regular folks are paying attention to the persistent coronavirus pandemic, a stubborn and apparently widening outbreak of monkeypox, and a startling spike of meningitis and listeria cases in or tied to Florida.

The coronavirus pandemic

fb-300x160The kids may obsess about social media platforms. But just how much do patients want them to snoop into their most personal medical information, accessed due to hidden snippets of computer code embedded on the sites of some of the nation’s biggest and most respected hospitals, as well as facilities purportedly dealing with women’s reproductive health?

The cyber culprit that is taking heat from patient advocates is, of course, Facebook, the online giant built in part on its founder’s troubling axiom, urging his colleagues to “move fast and break stuff.”

Facebook not only provides a place for folks to glow about their latest vacations, share cat and dog pictures, and wish each other well on birthdays and other important occasions, the company has become a technology and online advertising titan. A key to its success rests in its capacities to track users via bits of code that users pick up like microbes or fleas when they troop through the Facebook site — or visit online clients of the company’s sweeping advertising enterprises.

bruinslogo-300x214The City of Angels has become an epicenter of big settlements paid to women harmed by doctors in university health care systems.

The University of California at Los Angeles disclosed that it will pay $243 million to 203 patients who asserted they were sexually mistreated by James Heaps, a gynecologist who was affiliated with the school in various capacities for decades. As the Los Angeles Times reported of the claims against Heaps, including those that  led to the filing of criminal charges against him:

“Heaps faces 21 felony counts — including sexual battery by fraud, sexual exploitation of a patient and sexual penetration of an unconscious person — involving several female patients. He could be sentenced to more than 67 years in prison if convicted of all charges. He has pleaded not guilty and insists he acted in an appropriate manner, his lawyer said.”

michigan-300x158Michigan’s top academic institutions now share a dubious distinction, with the University of Michigan joining Michigan State University in agreeing to pay out whopping settlements totaling almost $1 billion for big numbers of claims of sexual abuse by doctors working with the schools’ athletic programs.

UM has just agreed to pay $490 million to more than 1,000 men and women, who said they were sexually assaulted by Robert Anderson, who served as a university doctor for four decades and examined and treated students and notably players with the school’s vaunted football and other teams.

After a whistleblower stepped forward and publicly accused Anderson, who is dead, the university said it would investigate its onetime medical staffer. Scores of people told a law firm hired by UM that the doctor had sexually mistreated them, including with invasive, unnecessary, and outright perverse procedures and exams.

brucemoskowitz-150x150A trio of former President Trump’s country club friends planned to use the clout he gave them over the Department of Veteran Affairs to set up a potentially enriching scheme to exploit the confidential, personal medical records of millions of U.S. veterans and their families, documents show.

Congressional Democrats, now leading key House committees, have rebuked the three for even suggesting the plan. They were Trump acquaintances from his country club who were given sweeping influence over the VA and were known to lawful government officials as “the Mar-a-Lago crowd.”

The trio — Ike Perlmutter, Bruce Moskowitz (shown above), and Marc Sherman — never served in the U.S. military. They’re not veterans. Perlmutter and Sherman had zero experience in health care. And Moskowitz, while a doctor, is a primary care practitioner — not someone known for his direct experience in running big, complex operations.

cnnhoustonvaxprotest-300x169In the crunch to quell the coronavirus pandemic and to do so by getting as many people as possible their protective shots, public health officials consistently have stressed a big V in the national vaccination campaign: Voluntary.

But as hundreds of millions of people around the globe have willingly gotten them and the vaccines have shown to be overwhelmingly safe and effective, the unvaccinated may get leaned on with more than pleas, nudges, and incentives.

They may notice this quiet push in the workplace, especially if they hold health-related jobs, and at schools. The result may be to resurface the fiery and counter-factual anti-vaccination extremism in the country.

Patrick Malone & Associates, P.C. listed in Best Lawyers Rated by Super Lawyers Patrick A. Malone
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