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Is Healthcare Asleep at the Wheel?

Dateline: Redding California, 2002 – A jetliner carrying 700 passengers crashed into Mount Shasta killing 69 and injuring most of the remainder. Pilot error caused the crash. The FAA ignored the incident.
If this story were true, we would be outraged and demand a full government investigation of the FAA’s negligent failure to investigate. Yet the story is partially true: all the “passengers” were patients at Redding Medical Center in Redding, California between 1993 and 2002. The two “pilots” were Drs. Fidel Realyvasquez, a cardiac surgeon, and Chae Moon, a self-proclaimed cardiologist.
In late 2002, the FBI “busted” this conspiracy of negligence. The two physicians have lost their license to practice in California.  The hospital administrators who helped hide the doctors from public scrutiny have relocated to foreign countries to find work.
But “busting” the “bad guys” for unnecessary heart procedures and surgery on healthy patients was not good enough for my team, or for the people, so we set out to discover how this gross and near criminal medical negligence could possibly be tolerated for 10 years at a well respected, accredited, and licensed hospital.
Based on our investigation and report gleaned from public documents and private testimony, we found that government officials failed to enforce our laws: laws necessary to assure hospitals are safe for the public.
Both State and federal health care officials knew as early as 1999 that RMC and its medical staff could not assure patient safety for cardiac services. These officials knew the hospital and medical staff provided no oversight or review of the quality of care provided by Moon and RV. In fact, both of these physicians were in charge of their own reviews. Moreover, our main hospital accreditation organization, the Joint Commission, also knew in 1999 of the danger Moon and RV posed to patients because their patient care services were hidden from review by their peers. The JC accredited RMC anyway. The first peer review provided for Moon and RV was performed by outside medical experts hired by the FBI in 2002.
Now that we know hospital peer review requirements are not enforced, the California legislature refuses to give our enforcement agency, Licensing and Certification, the power it needs to enforce our laws.
Professional stakeholders, but not the public, oppose law enforcement penalties that would compel effective peer review. L&C does have the power to impose fines of $50,000 to $100,000 against hospitals for allowing imminent danger to patients. But the absence of peer review is not an imminent danger, even though hundreds of patients can be harmed over time.  Patients at many California hospitals are vulnerable to unmitigated medical negligence which can only be prevented by brave conscientious physicians who have the professional courage to voluntarily identify physicians who allegedly endanger patients and hold them accountable through the peer review process. In hospitals where peer review is absent or ineffective, there is no mechanism to cull out negligent physicians until after many patients are damaged.
When peer review is properly performed, suspected physician errors are discovered timely, through analysis of various triggers, such as unexpected return to the operating room or unexpected blood loss. Promoted by these triggers, specific patient cases are reviewed by other physicians at the same hospital. The care provided may be acceptable or problematic. If physician negligence is discovered, corrective action is taken. A physician may be instructed to take more education, limit performance of certain services, or could be discharged from the medical staff for egregious acts. The result is safer care for future patients.
The California Legislature ordered a report on California peer review and hired Lumetra, a private company to write it. Lumetra published its report in 2008. Lumetra found that peer review in California is unacceptable, inadequate, and ineffective: patient safety cannot be assured. RMC is the “poster child” for what goes wrong too often. Now, seven years after the FBI “busted” Moon and RV, and after the Department of Justice and CMS kicked RMC out of the Medicare Program, our peer review laws remain unenforced throughout California. 
In the 2009 legislative session, the California Legislature has taken up the peer review issue (SB 58, SB 700, AB 120, AB 245, and AB 834). But current proposals will not enact penalties L&C requires to enforce our laws. Experts believe L&C needs the power to impose intermediate sanctions against hospitals and medical staffs for repeat failure to conduct peer review. Currently, the only power L&C has is to revoke the license of the entire hospital, which the Agency rarely does. By contrast, intermediate sanctions could remove the license of a hospital for certain elective services only in those clinical departments (e.g. cardiac services) where peer review is not provided or is ineffective on repeat audit. With this power, a negligent hospital and medical staff would face huge financial losses and, therefore, would provide the missing peer review immediately. Without the enforcement power of intermediate sanctions, hospitals and medical staffs can continue to flaunt our laws knowing the State has no power to enforce them.
In other words, currently peer review is self-administered, not audited for effectiveness, and when not done, there is no power to enforce the requirement. Self-administered peer review in hospitals works as well as self-administered regulation compliance did on Wall Street in 2008. Doctors who need help are not identified, and future patients continue to suffer the consequences.
In 2009, patient safety will remain a goal, not a reality; except, perhaps, in a few self-proclaimed centers of quality. To change this unacceptable situation, you must write to your California legislator and demand enactment of intermediate sanctions to enforce the peer review laws in California.
Good luck next time you are admitted to a hospital in California. You will need it because patient safety cannot be assured. It is safer to fly.
Dr. Rogan is a family and emergency physician who served as the Medicare Medical Director in California from 1997-2003. In 2002, he assisted law enforcement with the RMC investigation. Currently, he is an
independent consultant to health services companies.
 

Why Do Americans Want Government Healthcare?

Senior fellow at the Manhattan Institute David Gratzer MD asks: 

In Canada, private-sector health care is growing. Dr. Day estimates that 50,000 people are seen at private clinics every year in British Columbia. According to the New York Times, a private clinic opens at a rate of about one a week across the country. Public-private partnerships, once a taboo topic, are embraced by provincial governments.
In the United Kingdom, where socialized medicine was established after World War II through the National Health Service, the present Labour government has introduced a choice in surgeries by allowing patients to choose among facilities, often including private ones. Even in Sweden, the government has turned over services to the private sector.
Americans need to ask a basic question: Why are they rushing into a system of government-dominated health care when the very countries that have experienced it for so long are backing away?  http://forums.wsj.com/viewtopic.php?t=6173

CA Senate Seeks More Info on Peer Review

SACRAMENTO 7 April: After hearing testimony from medical experts last month, members of a California Senate panel are now seeking more information on medical peer review.

The witnesses, including SSI member and AFPS founder Gil Mileikowsky MD, testified before a California Senate Hearing that asked, “Is the Physician Peer Review a Broken System?”

To clarify conflicts between the published analysis by Lumetra and the California Medical Board, the committee heard testimony from Dr. Mileikowsky (HTML, PDF, Video, Appendix), Los Angeles attorney Paul Hittelman (PDF), Gerald Rogan, MD, and Ian Grady, MD.

After additional testimony from Dr. Mileikowsky and the other witnesses, the committee requested further information and concluded: “If it is determined that the system is beyond repair then there may be a need to examine and consider new methods of ensuring patient safety.”

Mileikowsky Named as Healthcare Leader

The founder and president of the Alliance for Patient Safety and dedicated SSI member was showcased this week for his work in healthcare reform.  Healthcare Leaders Media is “dedicated to meeting the business information needs of healthcare executives and professionals.” 
Whistleblowers often pay a high price for exposing flaws in the healthcare system. Like a lot of physicians who have been in his situation, Gil Mileikowsky, MD, essentially lost his livelihood. It started in 2000 when he was approached by a lawyer representing a patient whose Fallopian tubes were removed without consent. He hadn’t heard of the case, even though it happened in his own department, and he began to suspect that other patient safety incidents weren’t being reviewed through the proper channels. He agreed to serve as an expert witness against Tarzana Regional Medical Center, a joint venture of HCA and Tenet HealthSystem, and four days later the hospital CEO informed him that he would be escorted by security while on hospital grounds. A few months later he was suspended.
That was just the beginning of a long legal battle that is still ongoing. The American Medical Association, the California Medical Association, and other physician and consumer organizations—including a partnership between doctors and trial lawyers spearheaded by attorney Alan Dershowitz—filed amicus briefs on Mileikowsky’s behalf. For many of his supporters, the central issue is peer review and whether hospitals should have authority to remove a physician without due process. His case recently led to a new California law that extends whistleblower protection to all physicians, and he has campaigned for similar protections on the federal level.
But in Mileikowsky’s eyes, he is locked in a much grander struggle to improve the quality of the healthcare system. He founded the Alliance for Patient Safety to document his case and push for safety reforms, and he has developed what he believes is a solution to poor quality control—a “black box” for physicians. Hospital errors should be reviewed in double-blind studies by randomly selected specialists to remove bias or potential conflict of interest, he argues. Although he never intended to become a whistleblower, he says his goal is now to expose flaws in the entire system, not just one hospital.
Whistleblowers like Mileikowsky play an important role in an industry that is often unsuccessful at policing itself; they now initiate nine out of 10 fraud cases for the Department of Justice. Although in some situations they stand to receive up to 25% of any amount recovered, that wasn’t the case for Mileikowsky. “I didn’t wake up one day and say, ‘I want to become a whistleblower,’” he says. “A whistleblower is just someone who tries to sound the alarm about a wrong situation.

(more here)

If Bernard Madoff Were a Doctor

Dr. Kate Scannell compares disgraced financier Bernie Madoff to pharmaceutical shill, Scott S. Reuben, MD: 

In an analogous manner, the story of Dr. Scott S. Reuben tells the tale of one man who, in pursuit of personal gain, harmed huge segments of our nation’s health care system. That he could get away with falsifying pharmaceutical research and medical publications on such a massive scale over many years also tells a larger story about our nation’s medical research industrial complex. 

That complex — the enormous, poorly regulated, financially incestuous and opaque system that generates and disseminates the medical information we use to determine health care for patients — is similarly structured to allow individuals and privileged industries to profit through backroom deals. 

A few days ago, it was widely reported that Reuben, an anesthesiologist in Massachusetts and a faculty member of Tufts’ medical school, had falsified at least 21 of his 72 published research studies. He simply made them up. 

Many of those fictional studies promoted the use of painkillers — like Pfizer’s Celebrex or Merck’s Vioxx — during orthopedic surgeries, highlighting yet another layer of his disgrace. Those drugs, known collectively as “COX-2″ drugs, have been suspected of causing severe side effects like heart attacks and strokes, and Vioxx was finally withdrawn from the market in 2004. 

As was reported in Scientific American, Reuben’s work tried to encourage surgeons to abandon use of older and less expensive anti-inflammatory painkillers in favor of newer and more expensive ones called “COX-2″ drugs. 

In addition to faking research, downplaying COX-2 side effects, and jacking up the cost of medical care, Reuben also profited from financial arrangements with Merck and Pfizer. Those relationships are hard to confirm in his publications, but you find evidence of them in odd places. For example, in a conference brochure (Reuben lectured widely to disseminate his “research”) you discover that he not only received “grants” from Merck and Pfizer, but that he was also on their for-hire speaker’s bureau.  

The rest of Dr. Scannell’s commentary is found at Inside Bay Area.

NY Physician Doesn’t Charge Patients Enough

In his blog from March 5th, Attorney Dave C. Jones writes about Dr. John Muney’s innovative method of treating those who cannot afford health insurance. In a nutshell, he charges his patients $79 per month plus $10 per visit. In other words, for about $1,000 per year, his patients do not have to worry about routine illnesses or anything else that can be taken care of in Dr. Muney’s New York offices.

Dr. Muney’s practice does not sound much differnt from that of Marcy Zwelling-Amott MD (video). 

Attorney Jones asks:

Who could possibly have a problem with that plan? Apparently, the New York state insurance regulators do. The state told Dr. Muney that his plan is an insurance policy and he has to be licensed to sell insurance.

Give me a break. The government cries out of one side of its mouth that society has an obligation to ensure that every person has access to health care; then, out of the other side, it berates doctors who do something to make that goal a reality. What the government really wants is complete control of everything. If the government really cared about the people, New York state would have no problem with what Dr. Muney is doing. In fact, the state should be recommending that idea to doctors all over the state.

It’s not clear how raising his visit fee to $33 will secure compliance but you can read more on this story at State of (In)dependence, New York Post, News Day, and Crain’s.