<?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: Should severe birth injuries be pulled out of the court system, and can defensive medicine be good?</title> <atom:link href="http://www.kevinmd.com/blog/2009/07/should-severe-birth-injuries-be-pulled-out-of-the-court-system-and-can-defensive-medicine-be-good.html/feed" rel="self" type="application/rss+xml" /><link>http://www.kevinmd.com/blog/2009/07/should-severe-birth-injuries-be-pulled-out-of-the-court-system-and-can-defensive-medicine-be-good.html</link> <description></description> <lastBuildDate>Tue, 14 Feb 2012 23:57:00 +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: dud</title><link>http://www.kevinmd.com/blog/2009/07/should-severe-birth-injuries-be-pulled-out-of-the-court-system-and-can-defensive-medicine-be-good.html#comment-108342</link> <dc:creator>dud</dc:creator> <pubDate>Wed, 22 Jul 2009 17:06:35 +0000</pubDate> <guid isPermaLink="false">http://www.kevinmd.com/blog/?p=39215#comment-108342</guid> <description>Rusty,I thought the sudden onset of a severe headache (especially with a stiff neck) should result in a CT (followed by a LP if the CT is negative) Detecting a anyerusm before it ruptures is always prefentiall. True the patient will need a coiling procedure (or similar) and there is clearly great risk with any attempt to repair the anyerusm,Seems like the classic defensive medicine issue.  Lots of headaches in the ER.  Vey few SAH.  However, if I had a &quot;the worst headache of my life&quot; (if not the result too much vino) I would want the correct workup.</description> <content:encoded><![CDATA[<p>Rusty,</p><p>I thought the sudden onset of a severe headache (especially with a stiff neck) should result in a CT (followed by a LP if the CT is negative)<br /> Detecting a anyerusm before it ruptures is always prefentiall.<br /> True the patient will need a coiling procedure (or similar) and there is clearly great risk with any attempt to repair the anyerusm,</p><p>Seems like the classic defensive medicine issue.  Lots of headaches in the ER.  Vey few SAH.  However, if I had a &#8220;the worst headache of my life&#8221; (if not the result too much vino) I would want the correct workup.</p> ]]></content:encoded> </item> <item><title>By: Rusty</title><link>http://www.kevinmd.com/blog/2009/07/should-severe-birth-injuries-be-pulled-out-of-the-court-system-and-can-defensive-medicine-be-good.html#comment-108339</link> <dc:creator>Rusty</dc:creator> <pubDate>Wed, 22 Jul 2009 16:44:59 +0000</pubDate> <guid isPermaLink="false">http://www.kevinmd.com/blog/?p=39215#comment-108339</guid> <description>Skepicus, An ER doc isn&#039;t worried about what might happen 20 years from now.  In the case of the head CT for headache there is always the worry that if a CT of the brain is not done the brain aneurysm that is clinically silent today will rupture two months from now.  You know that the patient is going to sue alleging that if the doc had done a CT when the patient came to the ER the aneurysm would&#039;ve been detected and it could have been treated proactively.  Lawsuits like this actually do occur.This argument will go round and round and no one is certainly going to convince you to see things from the other&#039;s point of view.  It is much easier to criticize someone when you&#039;ve never been in his shoes.</description> <content:encoded><![CDATA[<p>Skepicus,<br /> An ER doc isn&#8217;t worried about what might happen 20 years from now.  In the case of the head CT for headache there is always the worry that if a CT of the brain is not done the brain aneurysm that is clinically silent today will rupture two months from now.  You know that the patient is going to sue alleging that if the doc had done a CT when the patient came to the ER the aneurysm would&#8217;ve been detected and it could have been treated proactively.  Lawsuits like this actually do occur.</p><p>This argument will go round and round and no one is certainly going to convince you to see things from the other&#8217;s point of view.  It is much easier to criticize someone when you&#8217;ve never been in his shoes.</p> ]]></content:encoded> </item> <item><title>By: skepticus</title><link>http://www.kevinmd.com/blog/2009/07/should-severe-birth-injuries-be-pulled-out-of-the-court-system-and-can-defensive-medicine-be-good.html#comment-108327</link> <dc:creator>skepticus</dc:creator> <pubDate>Wed, 22 Jul 2009 14:18:39 +0000</pubDate> <guid isPermaLink="false">http://www.kevinmd.com/blog/?p=39215#comment-108327</guid> <description>&quot;How amusing. Seeing how many doctors who have no vested financial interest in ordering more tests but still do, your statement is completely one-sided. Of course, some doctors do tests/procedures because they’ll get paid for doing them, but the ER doc doesn’t get paid more for ordering an extra CT scan. What’s his motivation?&quot;Wrong, totally.  First, even when not doing the test themselves, doctors arguably do have an indirect interest in being a provider to hospitals of patients needing procedures.  Referrals are commodities and those who provide them are of value.  Hospitals create cultures and expectations of high volumes of testing--that was the point of Gawande&#039;s article.Second, doctors have no motivation NOT to order tests. It&#039;s costless to them.  And they have--even with no medmal liability-- at least a reputational interest in getting the right answer.   To the degree a test may marginally help diagnosis, the doctor will, therefore, order it.  To take yr example, the emergency physician will order a CT if it might help out; when his patient gets cancer 20 years down the road, that doctor won&#039;t be around, so who cares?</description> <content:encoded><![CDATA[<p>&#8220;How amusing. Seeing how many doctors who have no vested financial interest in ordering more tests but still do, your statement is completely one-sided. Of course, some doctors do tests/procedures because they’ll get paid for doing them, but the ER doc doesn’t get paid more for ordering an extra CT scan. What’s his motivation?&#8221;</p><p>Wrong, totally.  First, even when not doing the test themselves, doctors arguably do have an indirect interest in being a provider to hospitals of patients needing procedures.  Referrals are commodities and those who provide them are of value.  Hospitals create cultures and expectations of high volumes of testing&#8211;that was the point of Gawande&#8217;s article.</p><p>Second, doctors have no motivation NOT to order tests. It&#8217;s costless to them.  And they have&#8211;even with no medmal liability&#8211; at least a reputational interest in getting the right answer.   To the degree a test may marginally help diagnosis, the doctor will, therefore, order it.  To take yr example, the emergency physician will order a CT if it might help out; when his patient gets cancer 20 years down the road, that doctor won&#8217;t be around, so who cares?</p> ]]></content:encoded> </item> <item><title>By: Michael Kirsch, M.D.</title><link>http://www.kevinmd.com/blog/2009/07/should-severe-birth-injuries-be-pulled-out-of-the-court-system-and-can-defensive-medicine-be-good.html#comment-108313</link> <dc:creator>Michael Kirsch, M.D.</dc:creator> <pubDate>Wed, 22 Jul 2009 02:09:34 +0000</pubDate> <guid isPermaLink="false">http://www.kevinmd.com/blog/?p=39215#comment-108313</guid> <description>I don&#039;t agree that automatic liability should be assumed if medical guidelines are not strictly followed.  Note that word is &#039;guideline&#039;, and not &#039;mandate&#039;.  I would be interested in why the physician and the patient did not follow the relavent guideline.  Perhaps, the patient refused to do so.  Perhaps, there was a medical circumstance that made the guideline too risky to follow.  Sometimes, guidelines just don&#039;t apply to a patient&#039;s particular clinical situation.</description> <content:encoded><![CDATA[<p>I don&#8217;t agree that automatic liability should be assumed if medical guidelines are not strictly followed.  Note that word is &#8216;guideline&#8217;, and not &#8216;mandate&#8217;.  I would be interested in why the physician and the patient did not follow the relavent guideline.  Perhaps, the patient refused to do so.  Perhaps, there was a medical circumstance that made the guideline too risky to follow.  Sometimes, guidelines just don&#8217;t apply to a patient&#8217;s particular clinical situation.</p> ]]></content:encoded> </item> <item><title>By: Chris</title><link>http://www.kevinmd.com/blog/2009/07/should-severe-birth-injuries-be-pulled-out-of-the-court-system-and-can-defensive-medicine-be-good.html#comment-108293</link> <dc:creator>Chris</dc:creator> <pubDate>Tue, 21 Jul 2009 20:11:47 +0000</pubDate> <guid isPermaLink="false">http://www.kevinmd.com/blog/?p=39215#comment-108293</guid> <description>&quot;Further, as Gawande’s recent New Yorker piece illustrates (as well as a ton of scholarly evidence studying the effect on caps), its the economic incentives that drive doctors’ behavior–not liability concerns.&quot;How amusing.  Seeing how many doctors who have no vested financial interest in ordering more tests but still do, your statement is completely one-sided.  Of course, some doctors do tests/procedures because they&#039;ll get paid for doing them, but the ER doc doesn&#039;t get paid more for ordering an extra CT scan.  What&#039;s his motivation?</description> <content:encoded><![CDATA[<p>&#8220;Further, as Gawande’s recent New Yorker piece illustrates (as well as a ton of scholarly evidence studying the effect on caps), its the economic incentives that drive doctors’ behavior–not liability concerns.&#8221;</p><p>How amusing.  Seeing how many doctors who have no vested financial interest in ordering more tests but still do, your statement is completely one-sided.  Of course, some doctors do tests/procedures because they&#8217;ll get paid for doing them, but the ER doc doesn&#8217;t get paid more for ordering an extra CT scan.  What&#8217;s his motivation?</p> ]]></content:encoded> </item> <item><title>By: Third party</title><link>http://www.kevinmd.com/blog/2009/07/should-severe-birth-injuries-be-pulled-out-of-the-court-system-and-can-defensive-medicine-be-good.html#comment-108292</link> <dc:creator>Third party</dc:creator> <pubDate>Tue, 21 Jul 2009 20:04:53 +0000</pubDate> <guid isPermaLink="false">http://www.kevinmd.com/blog/?p=39215#comment-108292</guid> <description>Skepticus, Call it whatever you want but there is no denying that physicians will order diagnostic tests out of fear of being sued for not diagnosing clinically occult pathology.How does an ER physician benefit economically from ordering a CT of the head on people who come in complaining of a headache?Are there bad physicians out there?  Absolutely.  There are also bad lawyers.  There are also good physicians who make up the majority who are just trying to stay out of trouble.My guess is that you are not a physician.  It&#039;s too easy to criticize someone or a group of people when you&#039;ve never been in their shoes.</description> <content:encoded><![CDATA[<p>Skepticus,<br /> Call it whatever you want but there is no denying that physicians will order diagnostic tests out of fear of being sued for not diagnosing clinically occult pathology.</p><p>How does an ER physician benefit economically from ordering a CT of the head on people who come in complaining of a headache?</p><p>Are there bad physicians out there?  Absolutely.  There are also bad lawyers.  There are also good physicians who make up the majority who are just trying to stay out of trouble.</p><p>My guess is that you are not a physician.  It&#8217;s too easy to criticize someone or a group of people when you&#8217;ve never been in their shoes.</p> ]]></content:encoded> </item> <item><title>By: Matt</title><link>http://www.kevinmd.com/blog/2009/07/should-severe-birth-injuries-be-pulled-out-of-the-court-system-and-can-defensive-medicine-be-good.html#comment-108281</link> <dc:creator>Matt</dc:creator> <pubDate>Tue, 21 Jul 2009 17:43:46 +0000</pubDate> <guid isPermaLink="false">http://www.kevinmd.com/blog/?p=39215#comment-108281</guid> <description>&quot;Yes. If an adverse outcome occurred because a doctor failed to follow evidence-based protocol.&quot;That&#039;s not how no-fault works, particularly if you&#039;re talking about workers comp.  In that context, if you&#039;re injured on the job, you are compensated for damages.  The employer&#039;s negligence is not an issue.  In exchange, you get a specific schedule of damages.What Kevin is talking about above is not very different from our present system, because someone is still going to have to try the issue of what protocol applied and was it followed properly.  Doctors could just as easily promulgate rules nationwide using evidence based protocols, and agree that these would be followed, just establishing the standard of care clearly.</description> <content:encoded><![CDATA[<p>&#8220;Yes. If an adverse outcome occurred because a doctor failed to follow evidence-based protocol.&#8221;</p><p>That&#8217;s not how no-fault works, particularly if you&#8217;re talking about workers comp.  In that context, if you&#8217;re injured on the job, you are compensated for damages.  The employer&#8217;s negligence is not an issue.  In exchange, you get a specific schedule of damages.</p><p>What Kevin is talking about above is not very different from our present system, because someone is still going to have to try the issue of what protocol applied and was it followed properly.  Doctors could just as easily promulgate rules nationwide using evidence based protocols, and agree that these would be followed, just establishing the standard of care clearly.</p> ]]></content:encoded> </item> <item><title>By: Kevin</title><link>http://www.kevinmd.com/blog/2009/07/should-severe-birth-injuries-be-pulled-out-of-the-court-system-and-can-defensive-medicine-be-good.html#comment-108280</link> <dc:creator>Kevin</dc:creator> <pubDate>Tue, 21 Jul 2009 16:47:28 +0000</pubDate> <guid isPermaLink="false">http://www.kevinmd.com/blog/?p=39215#comment-108280</guid> <description>&quot;a question for you . . . . immunity for following the evidence-based protocol is fine . . . but would accept the fair corollary . . . . automatic liability for failure to follow the protocol?&quot;Yes.  If an adverse outcome occurred because a doctor failed to follow evidence-based protocol.Kevin</description> <content:encoded><![CDATA[<p>&#8220;a question for you . . . . immunity for following the evidence-based protocol is fine . . . but would accept the fair corollary . . . . automatic liability for failure to follow the protocol?&#8221;</p><p>Yes.  If an adverse outcome occurred because a doctor failed to follow evidence-based protocol.</p><p>Kevin</p> ]]></content:encoded> </item> <item><title>By: Kevin</title><link>http://www.kevinmd.com/blog/2009/07/should-severe-birth-injuries-be-pulled-out-of-the-court-system-and-can-defensive-medicine-be-good.html#comment-108279</link> <dc:creator>Kevin</dc:creator> <pubDate>Tue, 21 Jul 2009 16:47:20 +0000</pubDate> <guid isPermaLink="false">http://www.kevinmd.com/blog/?p=39215#comment-108279</guid> <description>&quot;a question for you . . . . immunity for following the evidence-based protocol is fine . . . but would accept the fair corollary . . . . automatic liability for failure to follow the protocol?&quot;Yes.  If an adverse outcome occurred because a doctor failed to follow evidence-based protocol?Kevin</description> <content:encoded><![CDATA[<p>&#8220;a question for you . . . . immunity for following the evidence-based protocol is fine . . . but would accept the fair corollary . . . . automatic liability for failure to follow the protocol?&#8221;</p><p>Yes.  If an adverse outcome occurred because a doctor failed to follow evidence-based protocol?</p><p>Kevin</p> ]]></content:encoded> </item> <item><title>By: skepticus</title><link>http://www.kevinmd.com/blog/2009/07/should-severe-birth-injuries-be-pulled-out-of-the-court-system-and-can-defensive-medicine-be-good.html#comment-108274</link> <dc:creator>skepticus</dc:creator> <pubDate>Tue, 21 Jul 2009 16:08:34 +0000</pubDate> <guid isPermaLink="false">http://www.kevinmd.com/blog/?p=39215#comment-108274</guid> <description>First, Tom Baker is not just an &quot;attorney,&quot; he&#039;s a leading scholar of insurance and malpractice.Second, people like you kevin should simply stop using the term defensive medicine.  NO ONE knows what the optimal level of testing is for a given condition, let alone patients, so you can&#039;t say when there is &quot;overtesting.&quot;   Defensive medicine is simply a buzzword doctors use to scare people.Further, as Gawande&#039;s recent New Yorker piece illustrates (as well as a ton of scholarly evidence studying the effect on caps), its the economic incentives that drive doctors&#039; behavior--not liability concerns.Third, a question for you . . . .  immunity for following the evidence-based protocol is fine . . . but would accept the fair corollary . . . . automatic liability for failure to follow the protocol?</description> <content:encoded><![CDATA[<p>First, Tom Baker is not just an &#8220;attorney,&#8221; he&#8217;s a leading scholar of insurance and malpractice.</p><p>Second, people like you kevin should simply stop using the term defensive medicine.  NO ONE knows what the optimal level of testing is for a given condition, let alone patients, so you can&#8217;t say when there is &#8220;overtesting.&#8221;   Defensive medicine is simply a buzzword doctors use to scare people.</p><p>Further, as Gawande&#8217;s recent New Yorker piece illustrates (as well as a ton of scholarly evidence studying the effect on caps), its the economic incentives that drive doctors&#8217; behavior&#8211;not liability concerns.</p><p>Third, a question for you . . . .  immunity for following the evidence-based protocol is fine . . . but would accept the fair corollary . . . . automatic liability for failure to follow the protocol?</p> ]]></content:encoded> </item> </channel> </rss>
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