patient rights

Disclosing Medical Error – The Right Thing To Do

by Jerry Meyers on June 7, 2011

To The Editor
Regarding: The Value of Disclosing Medical Error

I write this in response to an article posted by ALICIA GALLEGOS, of American Medical News, posted June 1, 2011. I heartily support the Lockton Report analyzing the findings of Aug. 17, 2010, issue of Annals of Internal Medicine. Such disclosures are not only good business but are also required.

American Medical Association’s Code of Medical Ethics says physicians are ethically obligated to disclose what happened “when a patient suffers significant medical complications that may have resulted from a physician’s error.”

The attempt to cover up medical errors results in those involved eventually forgetting the fact that errors occurred. Instead of correcting the practices leading to harm all energy is expended in making it seem that nothing untoward occurred.

I am a trial attorney and have represented victims of malpractice for 34 years. I think it absurd that I have to speak for the victims because their doctors, nurses, etc. won’t.

Sincerely,

Jerry I. Meyers
Pittsburgh, Pa

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Echocardiogram Bait and Switch

by Jerry Meyers on June 3, 2010

ANEMONA HARTOCOLLIS in a recent New York Times article describes outrageous behavior by the clinical director and medical director of Harlem medical center. Under the direction of these former hospital officers (they have since been fired and demoted,  respectively) the cardiology department of the Medical Center permitted 4,000 echocardiograms performed on patients suffering from suspected cardiac problems to be read only by technicians. The tests supposed to be read by cardiologists were not submitted to any doctor for review. An investigation  conducted by physicians from another medical center suggests hundreds of these patients may have suffered serious harm as a consequence of inadequately skilled technicians reviewing these tests instead of cardiologists.  In an apparent cost cutting move, Harlem Medical Center had allowed their staff of cardiologists to be reduced. The cardiologists claimed the back log of echocardiograms requiring physician review accumulated at the rate of 2500 per year. The Harlem Medical Center cardiologists’ cries for additional staff went unheeded.  Harlem Medical Center continues to deny that any patient suffered harm.

Certainly patients who trusted the Harlem Medical Center  have been betrayed. Can anyone believe that similar problems are not occurring with some frequency elsewhere? The only real oversight is limited help that medical malpractice lawyers can provide victims after the fact.  And yet trial lawyers are besieged in the Legislature of most states and by members of the Congress who are blind and deaf to the pleas of victims  to not restrict the only tool available to most victims to uncover the truth and seek justice.

What do you think?

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Medical Malpractice – A Bogie?

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 [...]

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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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If Mothers only Knew- Revisited

August 27, 2009

News-Medical.net also reports on the trial confirming the neuro protective effect of magnesium sulfate I earlier discussed in “If Mother Only Knew.”  This report misses the point that many physicians still think the standard of practice still does not require that magnesium sulfate be administered to mothers threatening preterm delivery prior to 32 weeks.   Rouse [...]

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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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The Effect Of Creating And Using A Safety Checklist In Conjunction With The Performance Of Non-Cardiac Surgery

March 5, 2009

In January of 2009 the New England Journal of Medicine published the results of a study conducted by the Harvard School of Public Health at the Massachusetts General Hospital in Boston reporting the effect of creating and using a safety checklist in conjunction with the performance of non-cardiac surgery. Eight hospitals in eight cities as [...]

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