<?xml version="1.0" encoding="UTF-8"?><rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" > <channel><title>Comments on: A jury determines the only guideline that matters</title> <atom:link href="http://www.kevinmd.com/blog/2006/06/jury-determines-only-guideline-that.html/feed" rel="self" type="application/rss+xml" /><link>http://www.kevinmd.com/blog/2006/06/jury-determines-only-guideline-that.html</link> <description></description> <lastBuildDate>Tue, 14 Feb 2012 22:28:00 +0000</lastBuildDate> <sy:updatePeriod>hourly</sy:updatePeriod> <sy:updateFrequency>1</sy:updateFrequency> <xhtml:meta xmlns:xhtml="http://www.w3.org/1999/xhtml" name="robots" content="noindex" /> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2006/06/jury-determines-only-guideline-that.html#comment-90822</link> <dc:creator>Anonymous</dc:creator> <pubDate>Sun, 12 Apr 2009 23:36:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/06/a-jury-determines-the-only-guideline-that-matters.html#comment-90822</guid> <description>So, if I get the thrust of this comment thread, the argument is between those who DON&#039;T believe doctors practice defensive medicine and those who actually know what they are talking about? &lt;br/&gt;&lt;br/&gt;Just inserting a reality check. &lt;br/&gt;&lt;br/&gt;The idea that doctor&#039;s decisions are not heavily influenced by what they hear, read and experience both first and second hand from legal cases and even the media makes about as much sense as the idea that doctors would read legal briefs to make decisions.&lt;br/&gt;&lt;br/&gt;For example, is there anyone here who doubts the old adage that you are less likely to be sued if your patient LIKES you?  ... where&#039;s the EBM in that? &lt;br/&gt;&lt;br/&gt;The truth is, we all practice the best medicine we can based on a mix of the science we learned in school, the clinical skills we&#039;ve picked up from 3rd year on and, our own experience which includes research, reading and... frankly... gestalt that comes from dealing with similar situations repeatedly. &lt;br/&gt;&lt;br/&gt;Maybe this was a useless rant, but it seems to me that we&#039;re pretending to have good answers to what are just very bad questions - namely, that people always sue based on outcome and not on practice.  EBM is just us pretending we can standardize the practice... when in reality we will always be sued on the outcome.  This is why EBM fails and doctors end up practicing defensively when necessary.  ~JCM</description> <content:encoded><![CDATA[<p>So, if I get the thrust of this comment thread, the argument is between those who DON&#8217;T believe doctors practice defensive medicine and those who actually know what they are talking about?</p><p>Just inserting a reality check.</p><p>The idea that doctor&#8217;s decisions are not heavily influenced by what they hear, read and experience both first and second hand from legal cases and even the media makes about as much sense as the idea that doctors would read legal briefs to make decisions.</p><p>For example, is there anyone here who doubts the old adage that you are less likely to be sued if your patient LIKES you?  &#8230; where&#8217;s the EBM in that?</p><p>The truth is, we all practice the best medicine we can based on a mix of the science we learned in school, the clinical skills we&#8217;ve picked up from 3rd year on and, our own experience which includes research, reading and&#8230; frankly&#8230; gestalt that comes from dealing with similar situations repeatedly.</p><p>Maybe this was a useless rant, but it seems to me that we&#8217;re pretending to have good answers to what are just very bad questions &#8211; namely, that people always sue based on outcome and not on practice.  EBM is just us pretending we can standardize the practice&#8230; when in reality we will always be sued on the outcome.  This is why EBM fails and doctors end up practicing defensively when necessary.  ~JCM</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2006/06/jury-determines-only-guideline-that.html#comment-64380</link> <dc:creator>Anonymous</dc:creator> <pubDate>Fri, 23 Jun 2006 12:30:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/06/a-jury-determines-the-only-guideline-that-matters.html#comment-64380</guid> <description>&quot;because I&#039;m sure you pay on claims pre-suit, don&#039;t you?&quot;&lt;br/&gt;&lt;br/&gt;maybe, but I doubt it.  I have never heard of it in 10 years but I can&#039;t speak for every member in the group.</description> <content:encoded><![CDATA[<p>&#8220;because I&#8217;m sure you pay on claims pre-suit, don&#8217;t you?&#8221;</p><p>maybe, but I doubt it.  I have never heard of it in 10 years but I can&#8217;t speak for every member in the group.</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2006/06/jury-determines-only-guideline-that.html#comment-64379</link> <dc:creator>Anonymous</dc:creator> <pubDate>Fri, 23 Jun 2006 12:15:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/06/a-jury-determines-the-only-guideline-that-matters.html#comment-64379</guid> <description>MedAmerica Mutual</description> <content:encoded><![CDATA[<p>MedAmerica Mutual</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2006/06/jury-determines-only-guideline-that.html#comment-64375</link> <dc:creator>Anonymous</dc:creator> <pubDate>Fri, 23 Jun 2006 03:50:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/06/a-jury-determines-the-only-guideline-that-matters.html#comment-64375</guid> <description>&quot;Right, including cases that don&#039;t go to trial makes the numbers even worse because of frivolous suits that go no where. My self insured medical group makes a liability payment in only 5% of ALL SUITS FILED.&quot;&lt;br/&gt;&lt;br/&gt;What&#039;s the name of that group, because I strongly doubt that?&lt;br/&gt;&lt;br/&gt;Are you referring to per defendant numbers or per claimant?  And all suits filed still doesn&#039;t tell you the story, because I&#039;m sure you pay on claims pre-suit, don&#039;t you?</description> <content:encoded><![CDATA[<p>&#8220;Right, including cases that don&#8217;t go to trial makes the numbers even worse because of frivolous suits that go no where. My self insured medical group makes a liability payment in only 5% of ALL SUITS FILED.&#8221;</p><p>What&#8217;s the name of that group, because I strongly doubt that?</p><p>Are you referring to per defendant numbers or per claimant?  And all suits filed still doesn&#8217;t tell you the story, because I&#8217;m sure you pay on claims pre-suit, don&#8217;t you?</p> ]]></content:encoded> </item> <item><title>By: lifeguard in the shallow end of the gene pool</title><link>http://www.kevinmd.com/blog/2006/06/jury-determines-only-guideline-that.html#comment-64371</link> <dc:creator>lifeguard in the shallow end of the gene pool</dc:creator> <pubDate>Fri, 23 Jun 2006 03:04:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/06/a-jury-determines-the-only-guideline-that-matters.html#comment-64371</guid> <description>Right, including cases that don&#039;t go to trial makes the numbers even worse because of frivolous suits that go no where.  My self insured medical group makes a liability payment in only 5% of ALL SUITS FILED.  You guys are really pathetic.</description> <content:encoded><![CDATA[<p>Right, including cases that don&#8217;t go to trial makes the numbers even worse because of frivolous suits that go no where.  My self insured medical group makes a liability payment in only 5% of ALL SUITS FILED.  You guys are really pathetic.</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2006/06/jury-determines-only-guideline-that.html#comment-64362</link> <dc:creator>Anonymous</dc:creator> <pubDate>Fri, 23 Jun 2006 00:37:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/06/a-jury-determines-the-only-guideline-that-matters.html#comment-64362</guid> <description>The plaintiff doesn&#039;t lose 70-90% of all the cases they take.  Just the ones that go to trial.  Which are probably 10% of all cases.</description> <content:encoded><![CDATA[<p>The plaintiff doesn&#8217;t lose 70-90% of all the cases they take.  Just the ones that go to trial.  Which are probably 10% of all cases.</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2006/06/jury-determines-only-guideline-that.html#comment-64358</link> <dc:creator>Anonymous</dc:creator> <pubDate>Thu, 22 Jun 2006 22:12:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/06/a-jury-determines-the-only-guideline-that-matters.html#comment-64358</guid> <description>Fortunately juries are able to understand the complexities of medical practice better than bozo plaintiff lawyer.  Serious question for our lawyer friends.  Is there any other area of law where the plaintiff loses 70-90% of the time?</description> <content:encoded><![CDATA[<p>Fortunately juries are able to understand the complexities of medical practice better than bozo plaintiff lawyer.  Serious question for our lawyer friends.  Is there any other area of law where the plaintiff loses 70-90% of the time?</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2006/06/jury-determines-only-guideline-that.html#comment-64327</link> <dc:creator>Anonymous</dc:creator> <pubDate>Wed, 21 Jun 2006 23:38:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/06/a-jury-determines-the-only-guideline-that-matters.html#comment-64327</guid> <description>Thus, you illustrate why EBM fails - because you just back cases out whenever you don&#039;t use it.  And guess what, you&#039;re not always right, so there will be at times physicians who will disagree with you, and they&#039;ll be right.  And sometimes, they&#039;ll even dare testify for the plaintiff.  How dare they!</description> <content:encoded><![CDATA[<p>Thus, you illustrate why EBM fails &#8211; because you just back cases out whenever you don&#8217;t use it.  And guess what, you&#8217;re not always right, so there will be at times physicians who will disagree with you, and they&#8217;ll be right.  And sometimes, they&#8217;ll even dare testify for the plaintiff.  How dare they!</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2006/06/jury-determines-only-guideline-that.html#comment-64319</link> <dc:creator>Anonymous</dc:creator> <pubDate>Wed, 21 Jun 2006 20:21:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/06/a-jury-determines-the-only-guideline-that-matters.html#comment-64319</guid> <description>Part of using clinical guidlines is recognizing when they do not apply. For instance. It is well established that diabetics do better in terms of complications when their hemoglobin A1c is under 7. A recent patient of mine who is diabetic, 85 years old with an 8cm aneurysm in his chest and another in his abdomen. He also has metastatic squamous cell cancer in his left arm and axilla. His HgbA1c is 8. Am I to lean on him about sugar control and switch around his medications just to &quot;make guidelines&quot;? Will that extend his life by a single minute? Unlikely. &lt;br/&gt;&lt;br/&gt;Yes. The only people qualified to question my judgment are people prepared to understand that even very good guidelines cannot capture every situation. Clearly that is not you.</description> <content:encoded><![CDATA[<p>Part of using clinical guidlines is recognizing when they do not apply. For instance. It is well established that diabetics do better in terms of complications when their hemoglobin A1c is under 7. A recent patient of mine who is diabetic, 85 years old with an 8cm aneurysm in his chest and another in his abdomen. He also has metastatic squamous cell cancer in his left arm and axilla. His HgbA1c is 8. Am I to lean on him about sugar control and switch around his medications just to &#8220;make guidelines&#8221;? Will that extend his life by a single minute? Unlikely.</p><p>Yes. The only people qualified to question my judgment are people prepared to understand that even very good guidelines cannot capture every situation. Clearly that is not you.</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2006/06/jury-determines-only-guideline-that.html#comment-64312</link> <dc:creator>Anonymous</dc:creator> <pubDate>Wed, 21 Jun 2006 17:12:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2006/06/a-jury-determines-the-only-guideline-that-matters.html#comment-64312</guid> <description>&quot;&quot;only you get to set the standard of care.&quot;&lt;br/&gt;&lt;br/&gt;another CJD inserted assumption.&quot;&lt;br/&gt;&lt;br/&gt;Not an assumption at all.  A malpractice trial MUST have a physician testify to the standard of care.  That is a fact, my friend.&lt;br/&gt;&lt;br/&gt;&quot;In summary: All physicians want EBM. EBM guidelines can be helpful. Problems with EBM guidelines are that the science and data is always changing, sometimes conflicting, and are often drawn up with professional society bias or pharmaceutical money bias. Often individual medical situations defy placement into a guideline. In those situations we have to think of the potential juror/lawyer &quot;guideline&quot; for self preservation so consequently defensive medicine runs amok.&quot; &lt;br/&gt;&lt;br/&gt;In summary:  You just contradicted yourself.  You say we all ant EBM, but then we don&#039;t want it to apply when we don&#039;t want it to apply.  &lt;br/&gt;&lt;br/&gt;&quot;For someone who is seemingly smart and seemingly has an ongoing interest in these topics it is quite saddening that you can&#039;t grasp some common realities apart from your preconcieved agenda.&quot;&lt;br/&gt;&lt;br/&gt;You mean the agenda of inserting some inconvenient facts in your continued quest to keep your patients from holding you responsible?&lt;br/&gt;&lt;br/&gt;&quot;Yes we study trial outcomes and how they differ from standard practice and knowledge. Wouldn&#039;t you study outcomes related to your business practice?&quot;&lt;br/&gt;&lt;br/&gt;Can you give some examples?  It appears we are finally getting somewhere.  Maybe some cases you have reviewed the transcript and medical evidence in and disagreed with the finding?</description> <content:encoded><![CDATA[<p>&#8220;&#8221;only you get to set the standard of care.&#8221;</p><p>another CJD inserted assumption.&#8221;</p><p>Not an assumption at all.  A malpractice trial MUST have a physician testify to the standard of care.  That is a fact, my friend.</p><p>&#8220;In summary: All physicians want EBM. EBM guidelines can be helpful. Problems with EBM guidelines are that the science and data is always changing, sometimes conflicting, and are often drawn up with professional society bias or pharmaceutical money bias. Often individual medical situations defy placement into a guideline. In those situations we have to think of the potential juror/lawyer &#8220;guideline&#8221; for self preservation so consequently defensive medicine runs amok.&#8221;</p><p>In summary:  You just contradicted yourself.  You say we all ant EBM, but then we don&#8217;t want it to apply when we don&#8217;t want it to apply.</p><p>&#8220;For someone who is seemingly smart and seemingly has an ongoing interest in these topics it is quite saddening that you can&#8217;t grasp some common realities apart from your preconcieved agenda.&#8221;</p><p>You mean the agenda of inserting some inconvenient facts in your continued quest to keep your patients from holding you responsible?</p><p>&#8220;Yes we study trial outcomes and how they differ from standard practice and knowledge. Wouldn&#8217;t you study outcomes related to your business practice?&#8221;</p><p>Can you give some examples?  It appears we are finally getting somewhere.  Maybe some cases you have reviewed the transcript and medical evidence in and disagreed with the finding?</p> ]]></content:encoded> </item> </channel> </rss>
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