Not Your Everyday Informed Consent Issues

It’s no secret that availability of organs for transplantation in the US pales in comparison to demand. Many die each year waiting for an organ. The systems that oversee transplantation define rules which allow one to “wait in line.” You get an organ based on the seriousness of your condition, your place in line, and whether you can persuade a living donor to participate. (For a living donor, this assumes it’s a “non-vital” organ – eg: one of the donor’s two kidneys, liver, etc. Obviously a living donor cannot donate his heart.)

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Ebola and Quarantine / Isolation Laws. What is the Government Allowed to Do?

The Centers for Disease Control and Prevention (CDC) publishes a webpage which gives excellent summary information on government powers to enforce isolation and quarantine.

 

First, the definitions.

 

Isolation separates sick people with contagious disease from people who are not sick. Quarantine separates and restricts the movement of people exposed to contagious disease to determine if they become sick.

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First Ebola Death in US. Is the First Ebola Lawsuit Far Behind?

Thomas Duncan returned from Liberia and presented to Texas Health Presbyterian Hospital with fever and abdominal pain. He was released with symptomatic treatment and returned 3 days later. Sadly, he died of Ebola.

 

The family of the first Ebola victim in the U.S. will “probably” take legal action against the Dallas hospital, where he died this week, a spokesman for his fiancee stated.

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2,610 Hospitals Just Got Screwed by Medicare

Spare the rod and spoil the child.

 

Medicare fined 2,610 hospitals, a record, for too many re-admissions.

 

Interestingly, the national rate for readmissions is getting lower. Still, last year, 18% of Medicare patients were re-admitted within a month. Medicare believes these re-admissions costs them $26 billion; and that $17 billion comes from potentially avoidable readmissions.

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Loss of Consortium in Med-Mal Cases for Same-Sex Couples

In a typical medical malpractice case, the patient is the plaintiff, seeking a remedy for the injury caused by the doctor’s negligence.

 

There’s a second type of claim – loss of consortium. Many laypeople narrowly interpret “loss of consortium” as an injury experienced by the patient’s spouse in not being able to enagage in and enjoy sexual relations. But, “loss of consortium” is much broader. It applies to deprivation of benefits of a family relationship.

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Surgeon Charges $117,000 – and Receives – for Assistant Fee

A couple of weeks ago, my car’s battery died. It was dead-dead. Was never going to take a charge.

 

AAA has a service where they will put in a new battery – instead of just giving you a jump. While the price seemed high- $128- it did not seem unreasonable. I’d be done. I wouldn’t have to turn this into a two step procedure, step 1: jump; step 2: get a new battery at a lower price elsewhere.

 

The next morning, the driver contracted by AAA called me. He made an error. Instead of charging my credit card $128, he accidentally charged $12,800. (That immediately made me feel inadequate about the tip I gave.) The driver said he was calling to let me know his company issued a credit. Whew.

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Three Steps to Avoid Being Burned by Statistics in the Courtroom

Mark Twain, (and possibly Benjamin Disraeli in England) famously stated “There are three kinds of lies: lies, damned lies, and statistics.”

 

I just finished a 9 week MOOC – massive open online course in Medical Statistics offered by Stanford Medical School. The course was free and I highly recommend similar free online classes to all medical professionals. I must confess, though, I did not do the homework or take the final exam.

 

Finishing the course reminded me that statistics can be manipulated by the press, skilled lawyers, and others – often without malicious intent- to achieve a particular purpose. If an expert is delivering drivel against you on the witness stand, and he is waxing philosophic about statistics, the more you know about statistics, the better you’ll be able to defend against its misuse. While we could spend all day on the topic, let’s stick to basics.

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