Becoming Your Own Doctor (Or At Least Questioning Your Doctor's Recommendation)

How important is fasting before a routine blood test measuring cholesterol levels? Very important. You don't want to strictly follow your doctor's recommendations before a medical test? Fine. Then you run a high risk that the test will either be medically meaningless, or will be read improperly by your doctor. 

It's no secret that patient non-compliance with pre-testing requirements as well as patient failure to follow instructions from doctors are major factors in the misdiagnosis of various medical conditions. According to a Johns Hopkins University School of Medicine study, diagnostic errors account for the deaths of 40,000 to 80,000 hospitalized patients annually. Dr. Peter Pronovost  conducted the study. The reason for a misdiagnosis can be the center of debate in a typical medical malpractice claim. And a patient's non-compliance will certainly be raised as a defense. 

How about not hearing from your doctor's office following  a routine test? Does that mean everything is ok? Not necessarily. Your primary care doctor and the specialist who ordered the test may assume each is following up, when in fact they are not. Simply put, patients have to be empowered on their own (and bear some responsibility) for followup on the test results their doctors order. This may sound counterintuitive. After all, we rely on the expertise of our doctors to not only order the appropriate tests but also to diagnose our medical problem, as well as to report the results to us, accurately.

Protecting patients in the hospital setting, empowering patients to be more assertive in their own care, and evaluating medical malpractice claims for purposes of educating doctors in not only the avoidance of  future claims, but also as a means to provide better care, has been the area of study to which Dr. Provonost has dedicated himself. Two recent articles, one in The Wall Street Journal (September 28, 2010 by Laura Landro) and one in The New York Times ( March 8, 2010 by Claudia Dreifus) highlight his views.

Malpractice claims on the basis of misdiagnosed tests are possibly indicative of overloaded primary care physicians and, some would argue, part of deeper problems in our health care delivery systems. Nevertheless, Dr. Pronovost 's take on the issue is to allow and encourage patients to be responsible for their own care in a hospital setting. This comment is from the New York Times article.

 

Q. WHAT CAN CONSUMERS DO TO PROTECT THEMSELVES AGAINST HOSPITAL ERRORS?

A. I’d say that a patient should ask, “What is the hospital’s infection rate?” And if that number is high or the hospital says they don’t know it, you should run. In any case, you should also ask if they use a checklist system.

Once you’re an in-patient, ask: “Do I really need this catheter? Am I getting enough benefit to exceed the risk?” With anyone who touches you, ask, “Did you wash your hands?” It sounds silly. But you have to be your own advocate.

 

 

Dr. Pronovost's approach is counter to the trend of the medical community and counter to the  views typically espoused by insurance companies that insure doctors and hospitals. But he certainly provides a refreshing voice. If we are to see the improvement in the delivery of medical care in this country, the reduction of medical mistakes, as well as the reduction of medical malpractice claims, doctors, hospitals and their insurers are going to have to listen to what Dr. Pronovost says, and are going to have to embrace his approach.

Progressive Insurance Company Adjusters Are "Friending"Accident Victims On Facebook

This is an alarming story.  A client of mine came into my office having been in a car accident a few days back. She informed me that the day after the accident, she was sent a message by the adjuster assigned to handle the claim for the at fault driver's insurance company, Progressive. This adjuster had contacted my client through facebook and "friended" her, and wanted to talk to her about the accident.

My client had the foresight not to respond to the insurance adjuster's "friend" request. I would strongly urge anyone else in her position to do the same. The insurance adjuster for the opposing insurance company in an accident case is inherently not your "friend." By contacting my client on facebook, the insurance company representative was attempting to manipulate my client to my client's disadvantage and to Progressive Insurance Company's advantage. This is not new. This is just how insurance companies operate.

I have written before about the potential dangers of social media to personal injury litigants. There are real perils to publishing anything on the net. But the fact that insurance adjusters are reaching out to accident victims as a means of communicating with them is a new development.

I would guess that people who have facebook pages generally would not envision that their facebook page would be used as a method of communication similar to  how the telephone is used or how e mail is used.  Nevertheless, social media and social networking really is just one more form of  electronic communication; but my client certainly felt as though her privacy had been invaded by the insurance adjuster who "friended" her.

I think the lesson here is that as we use various forms of technological communication, including social media like facebook,  to keep our family and friends informed of what's going on in our lives,  we have to be aware that we may be exposing ourselves to unwanted communication.  Confidentiality becomes a slippery issue for anyone who uses social media. We are all easier to find on the net. The fact that I have pictures of my family on my facebook page does not mean it is a private photo album. Quite the contrary once it's on the net.

In one sense I am impressed by the Progressive Insurance Company insurance adjuster's ingenuity in using facebook to contact my client. In another sense I am appalled.

 

Low Income Health Insurance On The Choppping Block In Pennsylvania


With AdultBasic set to end, critics of Blue Cross  are unhappy, and with good reason.

During the late 90’s, Pennsylvania’s attorney general, along with other states, successfully settled a case against major tobacco, the funds of which went on to create AdultBasic, with added support by the Independence Blue Cross.

AdultBasic is a health insurance program designed to give low-income families limited health benefits for $36 per person, per month. At the moment, there are about 46,000 Pennsylvanians enrolled in the adultBasic plan, with about 400,000 on a waiting list.

During a time when universal healthcare has yet to be realized, programs like AdultBasic are necessary for families with few options. But Blue Cross wants to end AdultBasic by Dec. 31, 2010.

This is now a political issue. Democratic gubernatorial candidate Dan Onorato demanded that Independence Blue Cross extend AdultBasic’s expiration to June. 30, 2011, which they did, in effect buying enrollees a bit more time.

The extension, however, may not be enough to satisfy advocates in favor of the program. As long as funds allow for it, it would make more sense to let the program expire in 2014, when healthcare reform will finally be put into action.

Marc Stier, Pennsylvania state director of Healthcare for America Now, told Philadelphia Inquirer’s Jane Von Bergen, “It’s important for AdultBasic to continue because 46,000 people have no other way of getting health insurance coverage until the federal health reforms begin in 2014.”

But not everyone agrees with the opinions of Onorato and Stier. Von Bergen also offers a quote from a spokesman for Pennsylvania’s Attorney General Tom Corbett (also running for governor), who says, “to extend benefits to 2014 seems to be fiscally irresponsible at this point.”

The fate of AdultBasic is still uncertain, but healthcare providers and legislators now have until June 2011 to try and bring the issue to an agreed upon conclusion. Hopefully they will keep the interest of low-income Pennsylvanians in mind.