defensive medicine

Kevin Pho M.D. has written that a screening test incidentaloma can make healthy people ill.  This is a theme that appears too frequently in the medical literature. When I previously addressed this issue in a prior article it did not then occur to me that the argument might be used to impair patients receiving recommended screening.

Medicine constantly searches for safer more specific screening tests to permit early diagnosis of treatable, but otherwise deadly diseases. Before a new strategy is introduced generally or prescribed in the care of a particular patient, considerable thought has been given to the sensitivity and specificity and cost of the method. Complications associated with a particular method are considered. Complications associated with such follow-up as may be employed in the pursuit of false positives is very much a part of the process.  A nodule appearing on an imaging study doesn’t automatically require a biopsy or invasive form of follow-up.   The distinction between findings that require follow-up and the particular kind of follow-up required is a matter of ongoing study, and it should be.

Earlier I addressed the idiocy of ignoring unexpected findings made on a diagnostic study. Example: A chest x-ray is performed because pneumonia is suspected. The film when interpreted by the radiologist reveals a mass. Should one  ignore the mass since that is not what was expected? The same logic could be employed to ignore a mass seen on a CT scan of the brain performed because of a recent head trauma. What is common to this point of view is the assumption that a physician’s initial assessment represents the universe of possibilities.

We once believed the earth was flat. Knowledge is acquired when we put aside assumptions that stand in the way of recognizing what is real.

What do you think?

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Medical Malpractice – A Bogie?

by Jerry Meyers on April 30, 2010

Doctors knowingly fail to cooperate to make medicine safe because they would then be required to practice safe medicine, and be held accountable if they fail.

In the recent issue of Obstetrics and Gynecology,[1] Drs. Strunk and Queenan in their advocacy for an administrative compensation plan to replace the tort system in providing compensation for adverse medical outcomes, liken the performance of a physician to that of a professional golfer or bowler.  Since a professional golfer does not always shoot par, and a professional bowler will not always have a perfect score, the authors  reason similarly doctors should not be expected to have perfect results.

“To Err is Human”.  But the fact that all humans are in some circumstance or at some points subject to err, does not mean that they should not be held liable for negligence.  The authors claim without any offer of proof that the most important reason for adopting an administrative compensation model for adverse medical outcomes is that somehow such a system would improve patient safety and the quality of care.  They also claim that there is such fear of litigation that it somehow impedes the investigation and analysis of adverse medical outcomes.  A remarkable claim suggesting doctors are so self-absorbed they knowingly fail to cooperate in efforts to make the health system better because they assume cooperation will reveal that they agree something is unsafe and such agreement might have personal consequences.  Certainly, if doctors were so affected by their egos, making them unaccountable for error would not convert them to patient centered saints.

There is and can be no evidence that litigation interferes with root cause analysis.  What most interferes with analyzing how needless harms have occurred is the unwillingness of doctors or other healthcare providers to admit they have done something wrong.  If a person has been careless and has hurt another that is wrong.

There was a time in this country when there was little litigation and there certainly were no malpractice suits available when there were doctors who continued to treat people with leaches long after their better informed brethren recognized the absurdity of such a practice.

The tort system particularly in Pennsylvania provides effective investigative tools, which in the hands of competent lawyers enable injured patients to determine with a reasonable degree of confidence whether an injury was avoidable or not.

Physicians object to the litigation system as they object to any system in which their conduct can be criticized.  One need only examine the existing peer review mechanism and how they operate within hospital systems when no litigation has been threatened.

A Bogie occurs because a person trying as hard as they can is unable to complete a hole in the prescribed number of strokes.  It does not occur because of negligence.  It occurs because of a lack of required skill.  If a golfer were to choose a putter to drive from the tee on a five par course, that would be negligence but only the golfer’s reputation would be at stake, not the life and welfare of a newborn.  A bogie is not a matter of life or death.


[1] “Beyond Negligence,” Obstetrics and Gynecology, Volume 115, No.5, May 2010, page 896

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See No Evil-Speak No Evil

January 4, 2010

January 1, 2010 Journal Watch summarizes a remarkable article entitled “Investigation of incidental findings on cardiac CT.”  The article was based on a study conducted at a Canadian institution where the investigators evaluated the incidence, clinical importance, and costs of these incidental findings. It’s first important to note that these researchers used the word incidental [...]

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A Patient Should Have a Right to Legal Advocacy

October 13, 2009

In 1998 the United States Advisory Commission on Consumer Protection and Quality in the healthcare industry adopted a Patient Bill of Rights. The same year Pennsylvania enacted a Patient Bill of Rights allegedly for the purpose of providing quality healthcare accountability and protection under Act 68 of 1998. It is interesting that the legislature of [...]

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Defensive Medicine is Bad Medicine

July 24, 2009

Ordering tests that are considered medically unnecessary is not defensive medicine but simply thoughtless medicine. I am a lawyer of 35 years experience in representing patients and their families who are victims of medical malpractice. My clients are harmed by thoughtlessness and failed communications and not because an unneeded medical test was not performed. The [...]

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