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	<title>Comments on: Retail clinics and medical malpractice . . . tick..tick..tick..</title>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2008/03/retail-clinics-and-medical-malpractice.html/comment-page-1#comment-86974</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Wed, 06 Aug 2008 04:48:00 +0000</pubDate>
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		<description>To those who ask what function a&quot;supervising/collaborating physician&quot; serves, when the actual opportunity for any meaningful involvement in the patients&#039; care is miniscule to nonexistent, here&#039;s your answer:  he/she serves as a liability sink for the physician extender, a source of &quot;deep pockets&quot; for the lovely lawyers out there!&lt;br/&gt;&lt;br/&gt;Kudos, by the way, to the physician who manages to maintain involvement in the provision of care to most or all of his/her patients who are seen by the extenders.  I fear that &quot;current trends in practice patterns&quot; will not support this as he/she is presumed to supervise increasing numbers of extenders seeing increasing numbers of patients.  Unfortunately, bean-counter types (and YES, greedy physician managers) are the ones who are pushing for more patients to be seen by nonphysicians as a way to boost revenue.&lt;br/&gt;&lt;br/&gt;Like anything in life, though, you get what you pay for.</description>
		<content:encoded><![CDATA[<p>To those who ask what function a&#8221;supervising/collaborating physician&#8221; serves, when the actual opportunity for any meaningful involvement in the patients&#8217; care is miniscule to nonexistent, here&#8217;s your answer:  he/she serves as a liability sink for the physician extender, a source of &#8220;deep pockets&#8221; for the lovely lawyers out there!</p>
<p>Kudos, by the way, to the physician who manages to maintain involvement in the provision of care to most or all of his/her patients who are seen by the extenders.  I fear that &#8220;current trends in practice patterns&#8221; will not support this as he/she is presumed to supervise increasing numbers of extenders seeing increasing numbers of patients.  Unfortunately, bean-counter types (and YES, greedy physician managers) are the ones who are pushing for more patients to be seen by nonphysicians as a way to boost revenue.</p>
<p>Like anything in life, though, you get what you pay for.</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2008/03/retail-clinics-and-medical-malpractice.html/comment-page-1#comment-85233</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Thu, 24 Apr 2008 04:41:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2008/03/retail-clinics-and-medical-malpractice-tickticktick.html#comment-85233</guid>
		<description>As a practicing MD who supervises NP/AP on a daily basis, I can assure you that mid-levels absolutely miss multiple essential facts in HPIs and on several occations mismanage cases. What is disturbing about this is that they don&#039;t realize it. I can assure you most MDs are concerned about the quality of care delivered especially in the more complex cases. NP/PAs should understand that our 12 years or more of training positively impact our medical decision making. Many of the MDs that are working with midlevels are critically evaluating the benefits and the risks of this supervising role. For many of us it is a role that has been imposed on us. Overall, the midlevel addition to our group has negatively affected our professional satisfaction. Many of my collegues would rather not expose themselves to the risk, and, in all honesty, the aggravation of having to explain why we want to add the ACE to that CHF pt&#039;s regimen. This comment is not meant to minimize midlevel&#039;s positive impact on healthcare. It is an effort to let midlevels understand MDs perspective on this matter.</description>
		<content:encoded><![CDATA[<p>As a practicing MD who supervises NP/AP on a daily basis, I can assure you that mid-levels absolutely miss multiple essential facts in HPIs and on several occations mismanage cases. What is disturbing about this is that they don&#8217;t realize it. I can assure you most MDs are concerned about the quality of care delivered especially in the more complex cases. NP/PAs should understand that our 12 years or more of training positively impact our medical decision making. Many of the MDs that are working with midlevels are critically evaluating the benefits and the risks of this supervising role. For many of us it is a role that has been imposed on us. Overall, the midlevel addition to our group has negatively affected our professional satisfaction. Many of my collegues would rather not expose themselves to the risk, and, in all honesty, the aggravation of having to explain why we want to add the ACE to that CHF pt&#8217;s regimen. This comment is not meant to minimize midlevel&#8217;s positive impact on healthcare. It is an effort to let midlevels understand MDs perspective on this matter.</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2008/03/retail-clinics-and-medical-malpractice.html/comment-page-1#comment-84483</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Mon, 24 Mar 2008 18:17:00 +0000</pubDate>
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		<description>In my state the NP&#039;s practice independently. They don&#039;t need physician supervision.</description>
		<content:encoded><![CDATA[<p>In my state the NP&#8217;s practice independently. They don&#8217;t need physician supervision.</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2008/03/retail-clinics-and-medical-malpractice.html/comment-page-1#comment-84478</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Mon, 24 Mar 2008 15:36:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2008/03/retail-clinics-and-medical-malpractice-tickticktick.html#comment-84478</guid>
		<description>A few misconceptions by NP 9:32:&lt;br/&gt;&lt;br/&gt;1: Have you ever been sued Mr/Ms NP? I can assure you FIRST HAND that your collaborating MD WILL be named in a suit due to your (presumed) negligence and depending on the circumstances may bear the brunt of your (presumed) negligence. When you actually have been through the process once get back to me. Based on MY EXPERIENCE I will never ever be a collaborating off-site MD again for an NP/PA. I will however happily oversee them in the clinic.  &lt;br/&gt;&lt;br/&gt;2: I totally agree with anon 9:48. If the &quot;collaboration&quot; is nothing more than an occasional phone call to the doc off-site for the purpose of CYA/regulations, then it clearly needs to be dropped. The NP&#039;s in those states should take the responsibility of patient care over on the own (and everything that goes with it medically/legally)and drop the farce of MD involvement under those circumstances. &lt;br/&gt;&lt;br/&gt;3: Lastly, I am a firm beiever in NP/PA involvement. However, I have not irregularly seen NP&#039;s/PA&#039;s get in over there head (and not realize it) so I tend to disagree with you about &quot;I can assure you that we miss no more than any other practicing professional.&quot; I go over every patient the NP sees in my clinic (often very briefly) if I am the supervising doctor. period and I assure you that I do pick up misses due to the difference in our training and experience. Not a complaint, a simple fact.</description>
		<content:encoded><![CDATA[<p>A few misconceptions by NP 9:32:</p>
<p>1: Have you ever been sued Mr/Ms NP? I can assure you FIRST HAND that your collaborating MD WILL be named in a suit due to your (presumed) negligence and depending on the circumstances may bear the brunt of your (presumed) negligence. When you actually have been through the process once get back to me. Based on MY EXPERIENCE I will never ever be a collaborating off-site MD again for an NP/PA. I will however happily oversee them in the clinic.  </p>
<p>2: I totally agree with anon 9:48. If the &#8220;collaboration&#8221; is nothing more than an occasional phone call to the doc off-site for the purpose of CYA/regulations, then it clearly needs to be dropped. The NP&#8217;s in those states should take the responsibility of patient care over on the own (and everything that goes with it medically/legally)and drop the farce of MD involvement under those circumstances. </p>
<p>3: Lastly, I am a firm beiever in NP/PA involvement. However, I have not irregularly seen NP&#8217;s/PA&#8217;s get in over there head (and not realize it) so I tend to disagree with you about &#8220;I can assure you that we miss no more than any other practicing professional.&#8221; I go over every patient the NP sees in my clinic (often very briefly) if I am the supervising doctor. period and I assure you that I do pick up misses due to the difference in our training and experience. Not a complaint, a simple fact.</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2008/03/retail-clinics-and-medical-malpractice.html/comment-page-1#comment-84474</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Mon, 24 Mar 2008 12:19:00 +0000</pubDate>
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		<description>&quot;To assume that the NP&#039;s collaborating physician will bear the brunt of any litigation is truly self-rightous. &quot;&lt;br/&gt;&lt;br/&gt;It&#039;s not self-righteous, it is a fact of the legal system.  Don&#039;t worry though, the lawsuit will not rest at only the physician.  The pharmacy will definitely be named as well.</description>
		<content:encoded><![CDATA[<p>&#8220;To assume that the NP&#8217;s collaborating physician will bear the brunt of any litigation is truly self-rightous. &#8220;</p>
<p>It&#8217;s not self-righteous, it is a fact of the legal system.  Don&#8217;t worry though, the lawsuit will not rest at only the physician.  The pharmacy will definitely be named as well.</p>
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		<title>By: Supremacy Claus</title>
		<link>http://www.kevinmd.com/blog/2008/03/retail-clinics-and-medical-malpractice.html/comment-page-1#comment-84473</link>
		<dc:creator>Supremacy Claus</dc:creator>
		<pubDate>Mon, 24 Mar 2008 11:55:00 +0000</pubDate>
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		<description>Anonymous : 10:30 AM: Yea. The lawyer is the agent of the client. Yet, he has total immunity for bringing the relentless waves of meritless lawsuits.</description>
		<content:encoded><![CDATA[<p>Anonymous : 10:30 AM: Yea. The lawyer is the agent of the client. Yet, he has total immunity for bringing the relentless waves of meritless lawsuits.</p>
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		<title>By: Duke MD</title>
		<link>http://www.kevinmd.com/blog/2008/03/retail-clinics-and-medical-malpractice.html/comment-page-1#comment-84472</link>
		<dc:creator>Duke MD</dc:creator>
		<pubDate>Mon, 24 Mar 2008 07:21:00 +0000</pubDate>
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		<description>Being a doctor in the field of laser medicine, I feel justified in expressing the importance of an in house doctor for all clinics that do laser procedures.  I don&#039;t care if it is just laser hair removal that they are offering, a &quot;salon&quot; should not be performing laser on the unsuspecting public.  The bottom line is that lasers are dangerous in the wrong hands and thus should always at the very least, be physician supervised.</description>
		<content:encoded><![CDATA[<p>Being a doctor in the field of laser medicine, I feel justified in expressing the importance of an in house doctor for all clinics that do laser procedures.  I don&#8217;t care if it is just laser hair removal that they are offering, a &#8220;salon&#8221; should not be performing laser on the unsuspecting public.  The bottom line is that lasers are dangerous in the wrong hands and thus should always at the very least, be physician supervised.</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2008/03/retail-clinics-and-medical-malpractice.html/comment-page-1#comment-84467</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Mon, 24 Mar 2008 02:48:00 +0000</pubDate>
		<guid isPermaLink="false">http://clients.emmense.com/kevinmd/2008/03/retail-clinics-and-medical-malpractice-tickticktick.html#comment-84467</guid>
		<description>What exactly does &quot;collaborate&quot; mean.  What does the supervising physician do exactly?  How can he do anything meaningful in one phone call a week?  The patients that they may discuss in that encounter are long gone from the clinic.&lt;br/&gt;&lt;br/&gt;Either NP&#039;s need a supervisor, or they don&#039;t.  If they don&#039;t need one, the legal requirement should be dropped.  If they do need one, then it should be meaningful. I saw an ad online in which NP&#039;s in Oregon could pay a fee by CC and fill out an online form and meet the &quot;supervision&quot; requirement.  That is ridiculous and farcical.  Is it the law not giving NP&#039;s full independence that is the farce or those NP&#039;s and physicians who just go through the motions?  I don&#039;t know but our professionals and legislators sure as hell need to figure that out and act accordingly.&lt;br/&gt;&lt;br/&gt;On another note. what I find interesting about these clinics is that they represent pharmacies going into the business of practicing medicine--and doing so in a setting where they hire only limited license practitioners with no tradition of independent practice with whom they can exert tremendous influence for the optimal profit of the parent pharmacy operation---a glaring and dramatic conflict of interest even as pharmacies continue their 150 year campaign to prevent doctors from dispensing on the grounds of conflict of interest.  But it all has happened so fast that no one has seemed to notice or give full consideration to that issue. Anyone who doesn&#039;t think that the management of those companies aren&#039;t going to manipulate the practices of those clinics for optimal pharmacy profit on the dispensing side hasn&#039;t had any association with MBA trained members of the management profession in the  last 20 years.&lt;br/&gt;&lt;br/&gt;Naive as hell!</description>
		<content:encoded><![CDATA[<p>What exactly does &#8220;collaborate&#8221; mean.  What does the supervising physician do exactly?  How can he do anything meaningful in one phone call a week?  The patients that they may discuss in that encounter are long gone from the clinic.</p>
<p>Either NP&#8217;s need a supervisor, or they don&#8217;t.  If they don&#8217;t need one, the legal requirement should be dropped.  If they do need one, then it should be meaningful. I saw an ad online in which NP&#8217;s in Oregon could pay a fee by CC and fill out an online form and meet the &#8220;supervision&#8221; requirement.  That is ridiculous and farcical.  Is it the law not giving NP&#8217;s full independence that is the farce or those NP&#8217;s and physicians who just go through the motions?  I don&#8217;t know but our professionals and legislators sure as hell need to figure that out and act accordingly.</p>
<p>On another note. what I find interesting about these clinics is that they represent pharmacies going into the business of practicing medicine&#8211;and doing so in a setting where they hire only limited license practitioners with no tradition of independent practice with whom they can exert tremendous influence for the optimal profit of the parent pharmacy operation&#8212;a glaring and dramatic conflict of interest even as pharmacies continue their 150 year campaign to prevent doctors from dispensing on the grounds of conflict of interest.  But it all has happened so fast that no one has seemed to notice or give full consideration to that issue. Anyone who doesn&#8217;t think that the management of those companies aren&#8217;t going to manipulate the practices of those clinics for optimal pharmacy profit on the dispensing side hasn&#8217;t had any association with MBA trained members of the management profession in the  last 20 years.</p>
<p>Naive as hell!</p>
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		<title>By: Nurse Practitioner</title>
		<link>http://www.kevinmd.com/blog/2008/03/retail-clinics-and-medical-malpractice.html/comment-page-1#comment-84466</link>
		<dc:creator>Nurse Practitioner</dc:creator>
		<pubDate>Mon, 24 Mar 2008 02:32:00 +0000</pubDate>
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		<description>Here we go again, Kevin. These thinly veiled attacks on retail health are just as much an attack on the professionals that staff them. Here is some information for the very apparent lack of knowledge that your physician colleagues share regarding NP practice: In most states, NP&#039;s practice autonomously, that is, in collaboration with a physician (notice that I didn&#039;t say supervision). NP&#039;s are liable for the care rendered (last time I checked, I have my own license, DEA, and malpractice insurance). To assume that the NP&#039;s collaborating physician will bear the brunt of any litigation is truly self-rightous. &lt;br/&gt;&lt;br/&gt;Also to anonymous 11:06 pm, was your &quot;flu shot&quot; &quot;not real&quot; because it was at a &quot;minute clinic?&quot; In addition, most states do not require the listing of the collaborating physician at the practice site. NP&#039;s/PA&#039;s are required to collaboate with licensed physicians that are located in the same state. The same group that &quot;regulates&quot; your office is the same that regulates retail health.&lt;br/&gt;&lt;br/&gt;doctor david - your argument that NP&#039;s can/will miss something that &quot;only a trained physician is capable of detecting&quot; is old. With well over 100,000 NP&#039;s practicing across the US, I can assure you that we miss no more than any other practicing professional.</description>
		<content:encoded><![CDATA[<p>Here we go again, Kevin. These thinly veiled attacks on retail health are just as much an attack on the professionals that staff them. Here is some information for the very apparent lack of knowledge that your physician colleagues share regarding NP practice: In most states, NP&#8217;s practice autonomously, that is, in collaboration with a physician (notice that I didn&#8217;t say supervision). NP&#8217;s are liable for the care rendered (last time I checked, I have my own license, DEA, and malpractice insurance). To assume that the NP&#8217;s collaborating physician will bear the brunt of any litigation is truly self-rightous. </p>
<p>Also to anonymous 11:06 pm, was your &#8220;flu shot&#8221; &#8220;not real&#8221; because it was at a &#8220;minute clinic?&#8221; In addition, most states do not require the listing of the collaborating physician at the practice site. NP&#8217;s/PA&#8217;s are required to collaboate with licensed physicians that are located in the same state. The same group that &#8220;regulates&#8221; your office is the same that regulates retail health.</p>
<p>doctor david &#8211; your argument that NP&#8217;s can/will miss something that &#8220;only a trained physician is capable of detecting&#8221; is old. With well over 100,000 NP&#8217;s practicing across the US, I can assure you that we miss no more than any other practicing professional.</p>
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		<title>By: Anonymous</title>
		<link>http://www.kevinmd.com/blog/2008/03/retail-clinics-and-medical-malpractice.html/comment-page-1#comment-84461</link>
		<dc:creator>Anonymous</dc:creator>
		<pubDate>Mon, 24 Mar 2008 00:35:00 +0000</pubDate>
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		<description>You&#039;re referring to joint and several liability.  Many, if not most, states have modified the concept, usually requiring some percentage of fault threshhold higher than 10-15%.&lt;br/&gt;&lt;br/&gt;The theory is why should the victim bear the brunt of a bankrupt defendant as opposed to a party who is at least partly at fault?  That being said, the Wal-Mart&#039;s of the world will have made the physicians independent contractors.</description>
		<content:encoded><![CDATA[<p>You&#8217;re referring to joint and several liability.  Many, if not most, states have modified the concept, usually requiring some percentage of fault threshhold higher than 10-15%.</p>
<p>The theory is why should the victim bear the brunt of a bankrupt defendant as opposed to a party who is at least partly at fault?  That being said, the Wal-Mart&#8217;s of the world will have made the physicians independent contractors.</p>
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