Welcome to The Patient Advocate

This blog contains a discussion of a variety of topics related to medical malpractice. It is intended to be an open dialogue on issues of interest to legal & medical professionals, and anyone interested in or affected by medical malpractice or the health care industry. If you are looking for information related to misdiagnosis or delayed diagnosis of cervical cancer, please visit our main website at www.MeyersMedMal.com, or the category on cervical cancer here on our blog.

Natasha Singer, in her  recent New York’s Times opinion piece suggests that saying you’re sorry is difficult in the health care industry. Indeed, her article addresses the pharmaceutical industry as well.  It is interesting that this issue requires any discussion. We all learned as children the importance of apology in making right a harm resulting from our wrongful conduct. Moreover, that there might be adverse consequences associated with admitting wrongdoing was to be expected and was not ever deemed a justification for remaining silent.

It is remarkable that silence as a substitute for apology has become a standard of conduct for healthcare providers. They argue that if they apply to this that someone might try to hold them accountable for their conduct. In other words unlike what their parents  told them as children, healthcare providers, who once knew that apology was the ethical and proper thing to do have come to believe that silence and obfuscation represent the ethical thing to do.

Remarkably, as pointed out by Singer, those medical centers such as the University of Michigan health Center have discovered honest apology makes they are victims feel good and reduces malpractice claims. The Michigan experience has been duplicated elsewhere. Honesty is not only the right thing to do but also represents a sound business practice.

One has to look elsewhere for the origin of the “conspiracy of silence” than fear of consequence.  Arrogance is a better explanation.

What do you think?

Share This Post:
  • Print
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google Bookmarks

Return To Most Recent News

{ 3 comments }

See No Evil-Speak No Evil

by Jerry Meyers on January 4, 2010

January 1, 2010 Journal Watch summarizes a remarkable article entitled “Investigation of incidental findings on cardiac CT.”  The article was based on a study conducted at a Canadian institution where the investigators evaluated the incidence, clinical importance, and costs of these incidental findings.

It’s first important to note that these researchers used the word incidental as  equivalent to the word, occult.  In medical imaging, an occult finding is an unexpected finding that has clinical consequence.  Such findings are made with great frequency and have dramatically improved the lives of many.  For example, a chest x-ray searching for a rib fracture reveals a lung cancer mass which was otherwise completely unexpected.  A CT scan of the abdomen performed because of a complaint abdominal pain reveals a dissection of the thoracic aorta.

The Canadian researchers are strangely troubled by the discovery of   unexpected conditions.  The test they are evaluating is cardiac CT.  Imaging data obtained during a cardiac CT includes imaging information of structures or tissues outside the heart.  in an examination of 966 consecutive patients who underwent cardiac CT during 12 months at a single Canadian institution, incidental findings were noted in 401 patients.  12 of the patients were found to have clinically significant conditions, many of them, life-threatening without treatment.

Even if one accepts the very conservative assessment that only 12 of the patients were found to have clinically significant conditions,  that means that 3% of everyone who had a cardiac CT performed had a condition that might have seriously harmed or killed them if it had not been accidentally seen in this study.

The researchers do not see the benefit derived by the 3% as a bonus.  They don’t question that all the patients benefited from having a cardiac CT.  In fact, no one questions that this method of scanning provides an important and noninvasive method of evaluating patients suffering coronary calcification and arterial disease.  However, 68 patients exhibited incidental findings such as nodules or cysts in the lungs or liver.  There’s the rub.

Confronted with 68 patients of the 401 who had abnormalities deemed to be indeterminate (undetermined significance)  researchers worry that the abnormalities found might lead some to conduct further testing or evaluation.  The solution, as they see it, is to not format the data concerning non-cardiac tissue and structures.  They want to ask patients to consent to keeping the non-cardiac information invisible.  If they see no “evil”, they need speak no “evil.”

I think this is insanity. What do you think?

Share This Post:
  • Print
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google Bookmarks

Return To Most Recent News

{ 2 comments }

Cervical Cancer Screening Unnecessary for “Low Risk Women” -Another Myth Bites the Dust

by Jerry Meyers

For a comprehensive review of literature dispelling the myth that there is a big difference between high risk and low risk patients and screening for cervical cancer please read NUNS, VIRGINS, AND SPINSTERS’. RIGONI-STERN AND CERVICAL CANCER REVISITED, MALCOLM GRIFFITHS.
Put simply,  over a long period of time a concept often explained and often repeated, acquires [...]

Share This Post:
  • Print
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google Bookmarks
Read the full article →

The Pap Smear – Not Too Many – Too Few

by Jerry Meyers

According to the American Cancer Society’s most recent estimate for 2009, 11,270 new cases of invasive cervical cancer will be diagnosed and 4,070 women will die from the disease.
Prior to 1955 cervical cancer was one of the most common causes of cancer death for American women. As a result of the development of the [...]

Share This Post:
  • Print
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google Bookmarks
Read the full article →

U.S. Preventative Services Task Force on Routine Screening With Mammograms for Breast Cancer

by Jerry Meyers

November 16, 2009 the Washington Post reports new screening guideline issued by the U.S. Preventative Services Task Force now recommending against women receiving routine screening with mammograms for breast cancer prior to age 50.
Petitti, Chairman of the Task Force, asserts that the new recommendation will result in “just” 0.7 deaths for every thousand women who [...]

Share This Post:
  • Print
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google Bookmarks
Read the full article →

Gardasil, a Good Idea?

by Jerry Meyers

Gardasil is a HPV vaccine produced by Merck.  HPV, Human Papilloma Virus, has clearly been demonstrated to increase the risk of a woman developing cervical cancer so it would seem to be a good idea to provide young woman, even as teenagers, with a vaccine that would guard against the virus and prevent the development [...]

Share This Post:
  • Print
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google Bookmarks
Read the full article →

A Patient Should Have a Right to Legal Advocacy

by Jerry Meyers

In 1998 the United States Advisory Commission on Consumer Protection and Quality in the healthcare industry adopted a Patient Bill of Rights. The same year Pennsylvania enacted a Patient Bill of Rights allegedly for the purpose of providing quality healthcare accountability and protection under Act 68 of 1998.
It is interesting that the legislature of [...]

Share This Post:
  • Print
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google Bookmarks
Read the full article →

Heads You Win, Tails I Lose

by Jerry Meyers

Kevin Pho, M.D in his medical blog, Kevinmd.com, invites a discussion concerning whether elderly patients should choose premature death at home rather than being subjected to the complications that are associated with geriatric admissions.  He concludes that elderly patients admitted to emergency departments should be given the opportunity to choose going home rather than being [...]

Share This Post:
  • Print
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google Bookmarks
Read the full article →

If Mothers only Knew- Revisited

by Jerry Meyers

News-Medical.net also reports on the trial confirming the neuro protective effect of magnesium sulfate I earlier discussed in “If Mother Only Knew.”  This report misses the point that many physicians still think the standard of practice still does not require that magnesium sulfate be administered to mothers threatening preterm delivery prior to 32 weeks.   Rouse [...]

Share This Post:
  • Print
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google Bookmarks
Read the full article →

Hospital Conceals Airway Accident Resulting in Brain Damage of Child

by Jerry Meyers

This video was embedded using the YouTuber plugin by Roy Tanck. Adobe Flash Player is required to view the video.
The mother heard speaking in the above ad was present when a teenage driver recklessly careened down a quiet street striking her young son.  The teen pulled into the nearby driveway of his home not even [...]

Share This Post:
  • Print
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google Bookmarks
Read the full article →