US Healthcare Reform Must Include Medical Liability Reform AANS President Warns Congress of Defensive Medicine Dangers

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    In his testimony on March 24 to the health subcommittee of the House Energy and Commerce Committee, AANS President James R. Bean, MD, stressed the need to enfold medical liability reform into healthcare reform legislation.

    “We will never be able to control costs—a critical component of any healthcare reform that works and is sustainable over time—if we don’t do something about the constantly overhanging fear of lawsuits that drive physicians and hospitals to increasingly practice defensive medicine,” he said.

    Using the success of medical liability reform passed in Texas in 2003 as an example, Dr. Bean illustrated how the passage of similar legislation at the national level might reduce the number of medical liability case filings, reduce medical liability insurance rates, and encourage doctors to practice. He also expressed approbation for President Obama’s description of medical liability reform legislation in “Modern Health Care for All Americans,” which was published in the New England Journal of Medicine when he was a presidential candidate. However, Dr. Bean warned against a “one-size-fits-all” solution that would imply negligence whenever a healthcare provider, exercising judgment and expertise, offered a treatment outside of guidelines articulated by a medical society.

    Frequency of Surgical Mistakes Is New Survey’s Subject
    In a new study of medical errors in orthopedics, published in the Journal of Bone and Joint Surgery, orthopedic surgeons were asked if they had observed a medical error in the past six months. More than half, 53 percent, responded affirmatively. Most errors involved equipment (29 percent) and communication (24.7 percent). Errors that could cause serious patient harm included medication errors (9.7 percent) and wrong-site surgery (5.6 percent). The reporting orthopedic surgeon was involved in 60 percent of the errors, a nurse in 37 percent, another orthopedic surgeon in 19 percent, other physicians in 16 percent, and house staff in 13 percent. Author D.A. Wong and colleagues concluded that medical errors continue to occur, representing a threat to patient safety, and called for quality assurance measures and additional research in the areas of higher error occurrence (equipment and communication) and high risk (medication and wrong-site surgery).
    www.ejbjs.org

    Zero Industry Funding Proposed for Medical Societies
    A proposal to ideally reduce industry funding of professional medical associations’ activities to zero was published in the April 1 issue of the Journal of the American Medical Association. David Rothman and colleagues sought to address what they termed a lack of uniformity and stringency among association policies regarding industry funding of their activities. They identified and analyzed conflicts of interest that could affect the activities, leadership, and members of  associations, and then formulated short- and long-term guidelines intended to prevent the appearance or reality of undue industry influence. A short-term recommendation was to reduce industry support to no more than 25 percent of an association’s budget. Industry funding that was clearly recognizable as “marketing,” such as exhibit hall and advertising income, was exempt from their recommendations.
    www.jama.com

    Few U.S. Hospitals Have EHRs, Survey Finds
    Although the American Recovery and Reinvestment Act of 2009 supports health information technology through significant funding, a recent survey suggests that there is a long way to go before achieving widespread adoption of electronic health records, let alone software compatibility and interoperability. Of nonfederal hospitals surveyed in a study published in the New England Journal of Medicine, only 1.5 percent currently had a comprehensive electronic records system, and 7.6 percent had a basic system. Author Ashish Jha and colleagues used an expert panel to define “comprehensive” and “basic” systems. Computerized provider-order entry for medications had been implemented in only 17 percent of hospitals. Survey respondents cited capital requirements and high maintenance costs as the primary barriers to implementation. The survey was sent to all American Hospital Association-member acute care hospitals. A previous study by the authors found that 17 percent of U.S physicians were using either a basic or comprehensive EHR. Related article: “Considering an EMR?
    www.nejm.org

    Doctors’ Donations Help Close Hospital’s Budget Gap
    When Beth Israel Deaconess Medical Center in March announced a $20 million budget shortfall that would cause budget cuts and staff layoffs, 12 medical department heads took unusual action. They voluntarily cut their individual pay by about $27,000, a move that was expected to save about 10 jobs. They then sent letters requesting donations from other doctors affiliated with the hospital to “support job preservation among the hospital staff in order that they can continue to provide great service to our patients.” Their action complemented the hospital’s cost-cutting efforts, which included executive pay cuts and staff pay freezes, and donations from other staff and the business community to close the shortfall. The story, characterized as an example of innovative leadership and teamwork, was widely reported.
    www.amednews.org; www.boston.com

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