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What families can do to protect against medical harms |
Patients and their loved ones can try to safeguard themselves from harms suffered while receiving medical care. If circumstances allows, they can check out the care offered at their hospitals as rated by the federal government, or independent, outside groups like U.S. News & World Report, or Leapfrog. (Patients should understand that all these ratings have limits and shortfalls). They can hope that loved ones and friends will support them as they receive care, not only driving them to and from treatment, but also sitting with them and acting as independent, helpful extra eyes, ears, and advocates. Some doctors, in fact, may require patients to have escorts for certain procedures. This can be a challenge for some. They can better accept that medical care can be uncomfortable and inconvenient. So, to improve their outcomes, they can follow the orders of doctors and nurses. They can, for example, stay in their hospital beds and not try to go to the bathroom without assistance — averting a major reason for hospital falls. They can try, politely, to ask — and even to insist, as is their right — to know exactly who is coming into their room, what medications or treatments or procedures they might be receiving, and how any of it is supposed to benefit them. They also can be polite but insistent about all the medical workers who get near them washing their hands, wearing sanitary gear, and taking other hygienic measures. Patients who are unhappy with their medical care or who fear they have been harmed by it should not suffer in silence. They have options, and the firm has posted on its website valuable information and resources on how best to complain. Those who have sustained serious injury due to medical interventions may wish to consult with experienced, successful lawyers about filing malpractice claims. Doctors, hospitals, insurers, and politicians spend a lot of time trying to frighten the public about medical malpractice lawsuits. This is nonsense. As other parts of this newsletter make clear, flaws abound in the supposed safeguards for patients. Malpractice cases, in contrast, are rare. They provide a crucial way for patients to get redress for substantial harms committed against them and to deal with what can be the costly long-term support they will need as a result of injuries caused by bad care. The suits also give victims a real sense of closure and justice. Further, they spotlight what may be huge shortfalls in medicine, whether systemic flaws that others can’t or won’t address, or bad doctors — professionals who are demonstrably incompetent, negligent, abusive, or impaired. The bad doctors do great harm and too often keep skating past their due reckoning. Contrary to the persistent hand-wringing about an avalanche of malpractice cases jamming the civil justice system, particularly state courts where such actions usually are filed, “Medical malpractice cases represented only 0.14% of state civil caseloads in 2017. This rate is consistent with [National Center for State Courts] data from the previous five years,” the Center for Justice and Democracy at New York Law School has found. Even when patients suffer medical harms, or even if they die as a result, malpractice suits don’t routinely follow, as the CJ&D briefing says, reporting on research by a team of Johns Hopkins experts. |
Recent Health Care Developments of Interest |
Here are some recent health and medical developments, as reported in major media, that may interest you: With the opioid abuse and drug overdose epidemic killing more than 100,000 Americans in each of the last two years, federal officials have moved to allow over-the-counter sales of Narcan. It is a spray version of naloxone, a drug that blocks an opioid’s effect on the brain. As the New York Times reported: “By late summer, over-the-counter Narcan is expected to be for sale in big-box chains, supermarkets, convenience stores, gas stations, and online retailers.” Officials hope this move will help to reduce unacceptably high overdose deaths. The Washington Post, in coverage that it concedes may be disturbing to some, has reported in graphic fashion just how damaging the AR-15 assault weapon can be to the human body. ICYMI, researchers have reported other stunning news about guns: They surpassed car wrecks and illness as a leading killer of the nation’s children. A major health insurer saves millions of dollars by rejecting medical claims without ever opening or considering them, according to an investigation by ProPublica. The Pulitzer Prize-winning news site reported that Cigna, which covers 18 million people, “has built a system that allows its doctors to instantly reject a claim on medical grounds without opening the patient file, leaving people with unexpected bills …. Over a period of two months last year, Cigna doctors denied over 300,000 requests for payments using this method, spending an average of 1.2 seconds on each case …” Since January 2017, federal watchdogs have identified and listed 14,000 individuals and enterprises that are banned from getting pay from programs run by the sprawling Health and Human Services agency. But regulators have left a giant loophole in efforts to bar those who have used fraud or illegal conduct to bilk taxpayers and the government, according to an investigation by the independent, nonpartisan Kaiser Health News service. The feds somehow expect sketchy folks to self-police and let others know of their wrongdoing. Or maybe others are supposed to check on them. But none of this is occurring as it is supposed to, so the guilty can and do keep up their rip-offs. A congressman has introduced a bill to try to clean this mess up. |
HERE’S TO A HEALTHY 2023!
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Sincerely, Patrick Malone |