Showing posts with label Fault. Show all posts
Showing posts with label Fault. Show all posts

Thursday, July 25, 2013

Follow-up on whose fault is it if a patient doesn't follow up

My post entitled "Who is at fault if a patient doesn't follow up?" from 7/19/13 has had over 1000 page views. There were several comments on Twitter.

In three parts, here is some follow-up on following up.

1. A surgeon saw a new patient with flank pain. He had undergone an appendectomy a few years before by another surgeon at a different hospital. He said that the surgeon told him the pathology report was "fine."

Physical examination was not enlightening.

A CT scan showed a possible ureteral stone. A urologist was consulted, saw the patient and said there was no stone.

The patient called the surgeon who told the patient to come back to her office to discuss further work-up. He did not keep the appointment. The surgeon made two more phone calls urging the patient to return and documented them in her office records. He was also called by the urologist, a consultant gastroenterologist and his family doctor. He never followed up with any physician.

Two years later he presented to the ED with a small bowel obstruction. At surgery, carcinomatosis from his ruptured mucinous carcinoma of the appendix was found.

The CT scan showing the possible stone was re-reviewed and still showed no evidence of a tumor.

The original pathology report said "mucinous tumor [not cancer] of the appendix."

Everyone except the surgeon who had done the appendectomy and the pathologist was sued. They escaped because of the statute of limitations.

The insurance companies advised all of the doctors to settle, which they did.

So much for documenting your attempts to have the patient seen.

2. Two of my Twitter followers from Australia sent me a link to a case that illustrates that patients in that country are somewhat responsible for their fate.

Briefly, it concerned a man who needed a Q fever vaccination for work. A skin test for Q fever was negative, but serology was weakly positive. An infectious disease specialist recommended that vaccination not be done. He was told to return in a month for a repeat serology. He failed to do so and contracted Q fever about 4 years later.

He sued. A judge ruled in favor of the physician saying the patient "understood the advice he was given by [the doctor] that he was low positive, that he needed further testing and that he could not be immunized. There was nothing in [the patient's] presentation in court or within his evidence that suggested he did not comprehend what was said to him by [the doctor]. He denied being told to return by [the doctor]. I reject his account for the reasons already mentioned."

3. This last one is hard to believe.

A brief "Viewpoint" article in JAMA from May of 2013 tells of the discovery of a new disease. It is called "Medication Nonadherence" and it has six different phenotypes.

They are as follows: "(1) the patient does not understand the relevance of medication adherence to continued health and wellbeing; (2) the patient has concluded the benefits of taking medications do not outweigh the costs; (3) the complexity of medication management exceeds the information processing capacity of the patient; (4) the patient is not sufficiently vigilant; (5) the patient holds inaccurate, irrational, or conflicting normative beliefs about medications; and (6) the patient does not perceive medication to have therapeutic efficacy."

I had trouble getting past the above portion of the paper.

However, the authors advocate screening all patients for this malady and treating it when found. They say, "Each medication nonadherence phenotype requires different diagnostic tools and treatments in the same way that subtypes of a medical condition, such as heart failure (diastolic vs systolic), require them."

I thank God I am no longer in practice.

Friday, July 19, 2013

Who is at fault if a patient doesn't follow up?



In keeping with the mind-set of most Americans today, the answer to the question posed in the title of this post is, "the doctor."

American Medical News reports that "Medical liability experts say missed appointments and failures to follow up pose some of the greatest legal risks for physicians." And these problems are increasing with more hand-offs and more people being involved with the "team" taking care of the patient.

The article began with an anecdote about a patient who needed at cardiac catheterization but wanted to think about it. He went home and died. The family sued and said the doctor did not tell "them how critical it was for him to have the procedure.”

The doctor did not document the conversation about the need for the procedure in the chart and lost the case.

Failure to make sure that appropriate follow-up was done and failure to contact patients about missed appointments are among the most frequent deficiencies cited as big legal risks for physicians.

Get this. "A common claim in lawsuits that involve missed appointments is lack of informed refusal. The allegation arises when patients admit they declined or ignored treatment recommendations, but allege they were not adequately educated about the medical risks of their decision."

Lack of informed refusal. That's a new one on me.

The article says that adequate documentation by the doctor will support his version of events.

What is to prevent any patient, who is explained any plan or procedure and declines, from simply saying, "I didn't realize how serious this was"?

And where does this end? Should a doctor call all her patients every day to ask if they took their medications?

"Hello, Mrs. Balotelli. Did you take your Placebolol today?"
"No, I didn't think it was important."
"Mrs. Balotelli, I wouldn't have prescribed it for you if I didn't think you needed it. I told you that you have to take it to prevent you from having a stroke."
"Well, doctor, I didn't understand that a stroke might be a bad thing. And I don't think my blood pressure is that high today anyway."

Whatever happened to personal responsibility?

I guess it's always someone else's fault when anything goes wrong.

The article ends with a list of 16 things that a doctor and her staff should do for every patient to try to counter this disturbing trend.

Here are a few of them:

    Maintain a current list with dates of problem identification, reviews and resolutions.
    Use the patient's own words when documenting.
    Indicate in writing or electronically that all results of tests, consultants and referrals were reviewed.
    Document all after-hours patient calls.
    Document all advice in the patient's record.
    Detail the patient's level of understanding during the informed consent process.

I'm sure these tasks won't take much time or effort.

And some lawyer will probably say that what the doctor wrote on the chart is not what the patient remembers him saying.

See  this follow-up post on following up.