CONTENTS:
Perspective: MRSA: What’s all the fuss about?
There’s lots of recent hype about infections with MRSA (methicillin resistant staphylococcus aureus). The media uses that hype to sell ad space, but for the medical profession it’s old news. Here’s a reality check: The problem is not so simple. Many of us are infected with MRSA already and don’t know it. Blame your friends, blame your family, but it ain’t always the doctor’s fault. Here’s a current perspective.
When can a physician be compelled to testify?
Physicians need to be careful what they say to patients about another doctor’s care. Saying the wrong thing can land one in court, not as an expert witness, but as a fact witness for the plaintiff who chose to sue the doctor whose care was criticized.
Iowa Supreme Court clarifies statute of limitations for medical malpractice
A patient was allowed to file a malpractice suit against Dr. A for failure to diagnose breast cancer even though the alleged malpractice occurred outside of the time limit for filing. The reasoning is that the patient could not have known that her breast lump was indeed cancer until after a biopsy was done by Dr. B, and the biopsy was done within the two year time limit for filing.
Court rules on drug labels as liability shield
The Supreme Court will decide whether federal law preempts product liability suits at the state level if the warning labels are FDA-approved. Physicians worry that more liability will flow their way if patients have no recourse against drug manufacturers. The point drug in the discussion is phenergan (promethazine), which has caused limb loss. Medical devices are also subject to the decision.
Freedom of conscience issue likely headed for California Supreme Court
A physician who refused to perform artificial insemination for an infertile unmarried lesbian because of his religious beliefs was sued by the patient, despite his referral of the patient to another physician who could provide the same service. The case has been in the courts of California for 9 years. Here’s an update for those interested in freedom of conscious issues.
Hospital boards can run the hospital, but not the medical staff
A recent Florida case was highlighted last month. Here’s more, with an emphasis that the case is likely to discourage hospitals across the country from attempts at weakening medical staff influence on quality of care issues. Click here for the full article. In short, here’s the scenario:
[Some people just can’t let go. cp]
In a related case in California, the appeals court voided a hospital board’s ability to impose a new board certification rules that would result in loss of privileges for a physician who was not given the opportunity to comply with the rule. The court said that retroactive rule-making is not the way to address issues of practice standards.
Physician disciplinary history available online
Medical Boards are becoming more transparent by publishing online any disciplinary actions against physicians. The Federation of State Medical Boards has made publicly available a Physician Profile from its comprehensive, nationally-consolidated data bank. Information includes disciplinary sanctions, education, medical specialty, licensure history and locations. Access to similar information for the state of Washington can be found at the Health Professions Quality Assurance website.