Posted by
Rajjpuut's Folly on Thursday, June 25, 2009 4:39:43 AM
Malpractice Caps are a bad idea
But Malpractice Insurance drives medical costs up dramatically
Malpractice lawsuits say an awful lot about the doctor
Understanding a doctor’s approach to hiccups says more
Medicine is a science, or should be, with a bit of art thrown in
The Rajjpuut Health Care Plan: Part IV
Cultivating an Attractive Bedside Manner Cuts Malpractice Suits
The three earlier blogs in this series are:
http://rajjpuutsfolly.blogtownhall.com/2009/06/21/revised_rajjpuut_health_care_plan_part_i.thtml
http://rajjpuutsfolly.blogtownhall.com/2009/06/22/rajjpuut_health_care_plan_part_ii.thtml
http://rajjpuutsfolly.blogtownhall.com/2009/06/22/rajjpuuts_health_care_plan_part_iii.thtml
As mentioned in the earlier blogs, it is important to get “first things taken care of first” in building a new health care system in America. While some might regard this blog as almost “touchy- feely and warm-fuzzy” it is included here because it represents one of the biggest failings of American medicine (as opposed to many other cultures where patient load is much smaller) and it’s an extremely expensive and unnecessary situation that could be eradicated within two or three months if doctors would use a bit of sensitivity, proper diligence and intelligence as they go about their business.
Almost everything great about medicine, and much that’s wrong about it, revolves around the skill, dedication, character and even personality of its professionals . . . especially the frontline doctors and nurses. This blog is written for all the doctors, but especially for the great ones and the ones who would be great . . . .
Doctors and lawyers make a poor team. Malpractice suits are great for the legal beagle but ruinous for the medical men. Rajjpuut is 100% against “caps” on malpractice suit awards*** . . . but 100% in favor of lower malpractice insurance premiums for great doctors: let me explain. I believe that when first-line (not specialist) doctors practice medicine in the following manner, they have the potential to be great doctors and they will not be sued: 1) Forget the cattle call of 50-70 patients in a 10-hour day. Fewer patients and more time with each one and listening to each one is the key. 2) Really get to know each patient as a body and to a lesser extent as a human being. 3) Have the goal of keeping patients out of your office and out of the hospital maximizing check-ups (nothing perfunctory) and achieve that goal via health education and preventive care. 4) Aim to take generally unhealthy patients and help them become responsible for and successful in achieving better health. 5) Develop a warm and caring bedside manner no matter what it costs you (many doctors are just not that cordial, but all need to learn to be so). Certainly if everyone you know would call you an “arrogant, humorless pr__k, then you need to work on this area.
In one study done by the Harvard school of medicine, it was shown that a 65% increase in malpractice insurance cost over a ten year period accounted for roughly 50% of the increased physicians’ costs during the same period. This was attributed to “ultra-defensiveness” in practicing medicine to avoid malpractice suits by continually ordering “one more test.” Of all the professions, the OB/GYN’s were the most threatened and a huge shortage of OB/GYN’s has been forecast for the year 2016:
http://www.med.umich.edu/opm/newspage/2005/obgyn.htm
According to the study quoted in the article from the University of Michigan Health Services, high malpractice insurance costs were limiting the numbers of medical students entering into several specialties, OB/GYN in particular, and were even limiting the states where practices were set up. States with more favorable malpractice rules were more favored than states whose rules favored the patient.
Over the years many studies of malpractice have taken place. A typical one might run like this: patients are queried about their doctor before operations and they rate him on a wide variety of personality and professional factors. They also choose comments about the doctor such as “he’s a good listener” or “He cares about me” or “She knows her stuff” or “I like him” or “He likes me.” They were allowed to Strongly agree, Strongly disagree, Agree, Disagree or say “I have no opinion.” The doctor is also rated by the hospital administrators and other doctors in the same way. And . . . drumbeat, Maestro!
Bad doctors (as rated by the three groups) were about three times more likely to be sued for malpractice. The very worst listening doctors (bottom 10%) were seven times more likely to be sued than the best listeners (top 10%) and patients almost never sued a doctor they liked very much. This last fact, floored me when I read it, so I’ve made a point of talking to people who could sue for medical malpractice. Here’s a string of generic comments off the top of my head -- the anecdotal point of all the statistics:
“He saved my life, sure he nicked my nerve and now I have this little limp, but he saved my life.” “People make mistakes, she’s a good doctor.” “These things happen, if Dr. so-and-so goofed in that situation, probably 95% of the doctors would make the same mistake.” In other words, if they liked a doctor, patients were willing to “rationalize quite heavily” in his favor.
On the other hand, the patients who don’t like their doctors and sue them (often it appears “unjustifiably sue them”) say things like, “That rotten S.O.B. treats you like a piece of meat.” “I told him, but he wouldn’t listen.” I must have spent half my life in his waiting rooms and then he’d look at me for 10 seconds and write some useless prescriptions.”
One of the studies of doctors who were sued for malpractice and disliked by their patients showed these sort of negative impressions predominated:
A. Bad listener
B. Know-it-all
C. Didn’t spend any time with me
D. Never apologized
E. Shifted me from one waiting room to another
F. Wasn’t interested in my case
G. Doesn’t know me from Adam
H. Wouldn’t admit there was anything wrong
I. I’m nobody, just his next airplane payment
J. Arrogant piece of _____
Two areas apparently most statistically associated with LOSING malpractice suits are:
1) Likeability and listening (Lawyers routinely make ‘bad deals” rather than take a doctor perceived as a “bad witness in his own behalf” into a courtroom)
2) Going where he/she shouldn’t go (not following established procedures)
Here’s an interesting example of the latter:
“The Hiccup Parable” . . . .
Please read the parable closely and then the explanation ought to really strike home:
If you explored “hiccups” on the internet, you’d find tens of thousands of old wives’ cures and home remedies claiming to “stop hiccups.” One site I saw listed 250 such treatments. Of course, the very volume of all this speaks to ignorance. If you contract strep throat you go in and get a shot of antibiotics and barring a super-mutant strain of strep on steroids, that ends the problem. Not so with hiccups.
Ignorance truly is bliss sometimes, except, of course, when it is a curse. I was talking to a psychologist friend of mine the other day. He occasionally tells me about “creative treatments” for various little mental aberrations he sees from time to time and I give him the straight skinny on things like fitness and longevity from a health educator’s point of view. On this day, James mentioned that three times in the last five years he’d encountered patients with a “hiccup phobia.” It seems that all three patients had already been seeing him for relatively minor neuroses but had later stumbled upon a copy of the “Guinness Book of World Records” and become so obsessed with the possibility of developing “life-threatening hiccups” that full-blown phobias had developed. The case of American Charles Osborne who hiccupped from 1922 to 1990 documented among the world records and the sad case of a girl whose hic’s could be heard half a mile away seem to have struck a resonant chord with his clients and he told me his patients were not an isolated incident, but rather he and his colleagues had discussed several other such cases.
As resident know-it-all, I told him that because I was in possession of 100% effective knowledge about how to cure hiccups with 100% effectiveness, I thought that, imparting that knowledge for him to impart to his patients could immediately alleviate their fears: case solved. He scoffed, as learned men are wont to do. “Don’t give me that crap, Bob, everybody has a pet way to cure hiccups. None of them work all the time.”
I demurred, telling him, not only did I know how to clear up hiccups 100% effectively, but “you do too, James.” “Go on,” he said giving me a funny look.
“How would you treat a socialite who feared that her perspiration was obnoxious and had developed such a phobia of sweating in public that she truly suffered from an easily measurable excessive perspiration?” Slyly I'd given him the rough outline of a case he'd mentioned to me fifteen or twenty years ago.
He laughed, “No-brainer. We have her shower but apply no deodorant or anti-perspirant, then wear a sleeveless-backless gown and when she attends the next function she is to make every deliberate effort to “stink them all out” and pump out a river of sweat to drown everyone else at the party. When she emerges dry as the Sahara Desert, she’s cured.”
“Hiccups are the same,” I claimed.
“Son of a b____!” my learned friend said.
And so it is. Hiccups and perspiration, body temperature and chemical balances, pulse and digestion, respiration and salivation, eye blinks and toenail growth are all under the control of the autonomic nervous system. Left alone they are virtually infallible in carrying out their vital jobs well below the level of conscious effort, but try to control them for very long and you can do yourself a world of hurt because it’s “not nice to fool Mother Nature.”
Despite my constant efforts, after detecting my first “hic,” to break Mr. Osborne’s world record . . . . I rarely get out a second one. When I do, then I pump my fist in the air a few times and yell, “Yes, yes, yes and strive powerfully for a quick string of five hic’s in a row. To date my personal record is a pathetic six hic’s in a row lasting perhaps 20 seconds. I am mightily ashamed I tell you. Now, you ask
“What in the world has that story got to do with anything?” What, indeed?
Perhaps you would NOT be shocked to know that medical doctors here in the United States have occasionally treated “runaway” hiccups (not the phobia, but real hicking) for weeks or even months at a time. The lesson that I would draw from that is to “never go where you don’t belong.” The lesson applies equally for doctors treating hiccups and would-be Good Samaritans who have never taken a CPR or first aid class.
Those same “hiccup” doctors, never fail to charge the patients they can’t cure and don’t cure for . . . office visits and examination fees and then, of course if and when nature takes its course and the patient loses the hiccups, would you be surprised if the doctor didn’t take credit for the cure? If perchance, the medicines the doctor’s prescribe for hiccups bring about an adverse reaction . . . unlikely, you say. Ah, well . . . did you know that an American is ten times more likely to enter the hospital for an adverse reaction to prescribed medication than for an automobile accident? He is also four times more likely to die from that very same drug reaction than from injuries in a car crash. As you know, some cures are much worse than the underlying problem they’re prescribed for. One area where doctors should tread much more carefully about in Rajjpuut’s not-so-humble opinion is side effects for prescribed medicine. There’s a reason the Hippocratic Oath (“First do no harm!”) exists.
The last word on malpractice belongs to simple lack of professionalism. In a story run just today,
http://news.yahoo.com/s/nm/20090622/us_nm/us_tests_errors
an unbelievable 7.1% of the time, patients across the United States were NOT informed of abnormal test results. Some practices never missed informing patients, others failed to inform patients of their "bad" tests results 26% of the time in the study run by Weil Cornell Medical College in New York state. Since "failure to diagnose" delays patient treatment; and in case of serious problems can even be deadly; and is one of the most common causes of medical malpractice suits . . . a pattern of committing this type of error can easily ruin any doctor's practice.
Ya'all live long, strong and ornery,
Bob
*** not always, of course, but when a jury places a huge malpractice levy on a doctor it usually means they're trying to "send him a message" about the way he practices medicine. The quickest way to drum a quack; a doctor careless in reporting; an incompetent doctor; or an doctor insensitive to his patients' needs from the profession is to make it "impossible" for him to find malpractice insurance he can afford