MMI Banner
 

October, 2019

giphy

MAYBE. MAYBE NOT.

Why can’t we just communicate?

Failed followup on incidental finding costs $8.5 million

Facts: An adult male goes the the ED with sudden onset right flank pain and urinary discomfort. He is seen by both an EM resident and attending. A CT scan reveals renal stones and an incidental growth in the bladder consistent with a tumor. The radiologist’s report is sent to the ED (format unknown). He is discharged with a diagnosis of kidney stones. No mention is made of the mass in his bladder. Sixteen months later he sees a urologist for difficulty urinating. A bladder ultrasound reveals multiple tumors and bladder cancer. The urologist discovers the earlier CT scan showing the presence of the primary tumor. The patient undergoes removal of his prostate and bladder and creation of an “orthotopic intestinal neobladder.” A lawsuit is filed against the EP attending and resident.
Plaintiff: You failed to communicate. No one told me or my wife that I might have a bladder tumor. You should have ordered an ultrasound of my bladder. You didn’t tell me that I needed followup. You didn’t even tell my PCP or refer me to a specialist. Your failure to diagnose me earlier led to chemotherapy and surgery to remove both my bladder and my prostate. Now I have to pee all the time and I get a lot of UTI’s. This has caused me and my wife a great deal of physical and emotional pain and my life expectancy is now less than if I had been treated in time.
Defense: Our experts from Harvard and Mass General agree that we did nothing wrong. You’re doing well now. You are cancer free and your prognosis is good.
Result: After 2 years of litigation and a 7 day trial, a jury rendered a $10 million verdict, reduced to $8.5 million due to 15% patient responsibility. Of the remainder, $6 million was apportioned against the EM resident and $2.5 million against the EP attending. The defense strongly disagreed, especially with the amount of the verdict, and recommended tort reform to assure more reasonable awards. An appeal is possible.
Takeaways:
* This is an all too common scenario, the solution to which remains elusive.
* Shift changes or handoffs are a special point of risk.
* If you believe your ED or clinic has the solution, please share it.
Similar cases previously covered in MMI:
* Sentinel headache and missed cerebral aneurysm
* Abnormal CT result not communicated. Patient loses vision.
* Failed communication with radiologist leads to $12.5 million verdict for SEA

Editor's Note: The Society to Improve Diagnosis in Medicine is covering this all too common problem at its superb Diagnostic Errors in Medicine (DEM) Conference November 11-13 in Washington, D.C. Radiologists Michael Bruno and Timothy Mosher of Penn State Hershey Medical Center will be discussing "Improving the Effectiveness of Communication with Radiology" DEM conferences are a fantastic source of superb CME and well worth your time. /CP

Sepsis amputation

Sepsis leads to amputation of all 4 limbs

Plaintiff verdict for lack of informed consent - not negligence

Facts: An adult female presents to the ED with abdominal pain, rapid heart rate and fever. After 9 hours of evaluation by a PA and MD, she is discharged with a dx of fibroids and told to see her gynecologist the next day. She collapses at home, returns, is admitted treated for streptococcal sepsis resulting in vascular damage that necessitates an amputation of all 4 of her limbs. A lawsuit is filed claiming substandard care and lack of informed consent on the first ED visit.
Plaintiff: You never did a differential, consider infection, get a blood culture, ask for a consult, admit me for more evaluation or even give me a simple antibiotic that would have covered my Strep A sepsis. You never explained the risks, benefits or alternatives of any treatment or lack thereof. You just sent me home.
Defense: We considered infection. We treated you appropriately given what we knew at the time. We did an appropriate workup. Your condition deteriorated quickly and unexpectedly. We didn't need to explain every detail of our decision to discharge you.
Result: After 3 week trial, a jury determined that the care was appropriate but the patient was not appropriately informed. Her discharge home was without informed consent. They awarded $25.3 million on only the informed consent issue. Because this state has a cap of $750,000 on non-economic damages, the verdict was appealed. Eventually, the state Supreme Court overturned (5-2) the $15 million portion of the verdict that was for pain, suffering and loss of consortium, finding that state law limiting non-economic damages was constitutional. The remaining $10 million for medical care and limited pain & suffering remained.
Takeaways:
* This case is hard to fathom. The jury finds the treatment was appropriate based on the information available, yet finds liability because patient was not informed of possibilities the caregivers had apparently ruled out. Hindsight is always 20/20.
* Ask yourself "If I were the patient and not the doctor, would I have enough information to consent to the treatment plan?"
* A disabled patient with a good lawyer is a high risk case to take to trial.
* The bar for informed consent challenges in this state has since been changed.
* The cap on non-economic damages remains.
Source: Milwaukee Journal Sentinel, June 27, 2018

ICU SciSource DC0018-645x645

From the Editor:

Speaking in "Code"

Discussing resuscitation options with the chronically ill

Emergency physicians deal with end-of-life (EOL) issues daily. According to a recent JAMA Network article, we're pretty good at knowing when EOL is near. But few of us are comfortable discussing the subject with patients and their families. "Code," "No Code," "CPR," "resuscitate," etc. are buzz words we use easily, but the lay public doesn't have a clue.

"Allow Natural Death" (AND), a decades-old concept from the nursing literature, may be a better way to engage chronically ill patients being admitted near the EOL The approach works like this: Rather than use "No Code" or "Full Code" or any option in between, try saying something like “You've been very sick for a long time. As usual, we’ll do everything we can to help you. But, what if - while you’re here in the hospital - your heart were to stop beating or your breathing stopped and you died a natural death, [PAUSE for patient's reflection] would you want us to do anything about that?”

This question reframes the whole EOL question and returns control to the patient. The mood in the room lightens and the response is almost always “Of course not! I’ve always hoped I would die a natural death. I don’t want to die hooked up to a bunch of tubes and machines.”

This approach has worked wonders in my own practice and is supported by a palliative care physician and hospice director with whom I have discussed it. The consensus is that the language we currently use to discuss and document code status isn't doing us or our patients any favors. Both specialists point out that it's much easier for them to have these discussions and get a better sense of the patient’s goals and values when another doc has already had a thoughtful conversation on the subject.

Try it. You might like it.

Submit cases or near misses

If you know of a case of medical malpractice (or a near miss) that has teaching points to share with other docs, please contact me. Cases are anonymized for publication.

Archives:

An Archive of past issues can be viewed here.

MMI mission:

▪ improve patient safety,
▪ educate physicians
▪ reduce the cost and stress of medical malpractice lawsuits.
improve patient safety,
educate physicians
reduce the cost and stress of medical malpractice lawsuits.

Charles A. Pilcher MD FACEP, Editor
Medical Malpractice Insights

 
 
Powered by Mad Mimi®A GoDaddy® company